ALABAMA 


PRIMARY ELECTION LAW OF 1915 
AS AMENDED IN 1919 



REGISTRATION LAW 

As Amended In 1919 

Corrupt Practices Act 
Absentee Voters 

POLL TAX 

Rules For Paying Generally 

Soldiers’ Poll Tax 
Minors Registered - 





ISSUED BY 

democratic state executive committee 
PRICE 50 CENTS 


bv George Bondurant and Forney Johnston, 

^ and Daniel B. Cobbs, of the Mobile Bar, Members 



of the Birmingham Bar, 
of the Committee. 





RECE/vec 


DEC 1 


JOj 





.^9. K3> 

ALABAMA GENERAL LAWS 

Regular Session, 1915, and as Amended at Regular 
Session of 1919. 

AN ACT 

To regulate primary elections in the State of Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, 
That a primary election within the meaning of this act is 
an election held by qualified voters who are members of any 
political party for the purpose of nominating a candidate or 
candidates for public or party office. 

Sec. 2. An assemblage or organization of electors 
which at the general election for State and county officers 
then next preceding the primary cast more than twenty-five 
per cent of the entire vote cast in any county is hereby de¬ 
clared to be a political party within the meaning of this act 
within such county; and an assemblage or organization of 
electors which at the general election for State officers then 
next preceding the primary cast more than twenty-five 
per cent of the entire vote cast in the State is hereby declar¬ 
ed to be a political party within the meaning of this act for 
such State. 

Sec. 3. In determining the total vote of a political party 
whenever required by this act, the test shall be the total vote 
cast by such political party for its candidate who received 
the greatest number of votes. 

Sec. 4. All primary elections hereafter held by any 
political party in this State for the nomination of any State, 
district, county or municipal officers shall be held and con¬ 
ducted under the provisions of this act, and except as herein 
modified shall be held and conducted in the same manner 
and form and under the same requirements and subject to 
the same forfeitures and penalties and punishments as are 
or shall be provided by law for the holding of regular State 
elections, but nothing herein contained shall make it obliga¬ 
tory upon any political party or parties to hold a primary 
election. 

Sec. 5. If any primary elections are held at the ex¬ 
pense of the State or counties they shall be held on the second 
Tuesday in May of every presidential election year and on 
the second Tuesday in August of every other even numbered 
year for the nomination of candidates by all political parties. 
No primary shall be held by any political parties for the 
nomination of candidates except as herein provided. The 


Definition. 


Political Parties. 


Total Vote. 


Primaries Held 
Under This Act. 


Time of Holding. 


Law That 
Governs. 


2 


Election 

Officers. 


Polling Places. 


Executive 

Committees. 


Expenses of 
Primary. 


Certifying the 

Candidates 

Running. 


same election officers shall hold such primary elections ‘for 
all of the political parties desiring to participate therein. 

Sec. 6. Primary elections herein provided for shall be 
held at the regular polling places established for the pur¬ 
poses of holding general elections. 

Sec. 7. That there may be provided a committee of 
each party for the State and each political subdivision of 
the State, said committees to be selected in such manner 
as may be provided for by the governing authority of each 
party, provided if there shall not be elected or chosen any 
committee for any political subdivision, then all the powers 
which could be exercised by any such committee shall be 
vested in the State executive committee, under such rules 
and regulations as the governing authority of the party 
may designate, such State executive committee may provide 
for the selection of any such committees and provided that 
in political subdivisions of the State less than the whole 
State and greater than any one county, there shall be not 
less than one member of each such executive committee 
from each county in such political subdivision to be chosen 
in such manner as the party authority in such county may 
direct; that within ten days after any such member is 
selected or appointed, as the case may be, the fact of his 
selection or appointment as such committeeman of such 
executive committee shall be certified by the chairman of the 
county or general committee to the State executive com¬ 
mittee, and, in the event that from any county, or any 
political subdivision greater than one county such member 
of one executive committee is not named or certified, the 
State executive committee may either itself fill such vacancy, 
or may direct the method by which the same shall be filled. 

Sec. 8. The expenses of such primary election shall be 
paid in the same manner and to the same extent as is or 
may be provided by law for the payment of the expenses of 
a general election held under the laws of Alabama. Provided, 
however, that in case of need a county committee of any 
county having by the last or a future census a population 
of 45000 or more, shall have authority, after resolution duly 
passed, to provide for furnishing meals and reasonably 
supplement the statutory pay, of election officers, but only 
when such resolution is passed at least 30 days before it is 
known who are such officers. 

Sec. 9. The chairman of each state executive com¬ 
mittee of the parties entering such primary shall at least 
twenty days prior to holding of such primary election certify 
to the Secretary of State of Alabama the names of all candi- 


3 


dates of his party running for office who are voted for by 
the votes of more than county; and the chairman of each 
county executive committee of the parties entering such 
primary election shall at least fifteen days prior to the hold¬ 
ing of such primary election certify to the Probate Judge 
of the county the names of all candidates of his party for 
offices to be filled by the vote of a single county, and the 
Secretary of State shall within not less than fifteen days 
prior to the time of the holding of such primary election 
certify to the Probate Judge of any county where an election 
is to be held for any particular office the names of the can¬ 
didate or candidates certified to him and also of those who 
have qualified before him, for such offices; and the Probate 
Judge of each county in Alabama shall in the manner and 
form hereinafter set forth prepare all ballots voted in such 
election. 

Sec. 10. When it shall be desired by the State executive 
committee or governing authority of any political party to 
enter the primary election herein ordered to be held under 
the provisions of this act, said committee or governing 
authority for the State or political subdivision of the State 
where any such officers are to be voted upon shall give public 
notice thereof by posting notices of such election at the 
courthouse door and by advertising in some newspaper pub¬ 
lished in such subdivision, if there be such a newspaper, at 
least once a week for three consecutive weeks prior to 
such primary election. 

Sec. 11. All persons who are qualified electors under 
the general election laws of the State shall have the right 
to participate in such primary election, subject to such 
political or other qualifications as may be prescribed by the 
state executive committee or governing body of a political 
party for its candidates. The state executive committee 
may delegate to the several county executive committees the 
power to prescribe the qualifications of voters in any pri¬ 
mary election for the nomination of candidates for officers 
to be filled by the vote of a single county. 

Sec. 12. Officers for each election district, precinct or 
ward in all primary elections held under the provisions of 
this act shall be of the same number and designation as 
required by law to hold regular state elections, and their 
duties and responsibilities shall be the same as those of 
legally appointed and legally qualified like officers at regular 
state elections; and they shall be appointed in the manner 
below provided. If more than one political party enters 
such primary, the appointing board shall see that each such 


Preparing 

Ballots. 


Notice of 
Primary 


Qualifications of 
Candidates 
and Voters. 


Election Officers 
and Their 
Selection or 
Appointment. 


4 


Pay—See Also 
Sec. 8 Above 


Vacancies Filled 
How at Polls. 


political party has fair representation among the officers 
named. Wherever two political parties enter the primary, 
the appointing board shall see that the representation of 
each party in the matter of officers of election is equally 
divided in number, so that each party shall have three 
election officers amongst those named to conduct the pri¬ 
mary, and each party shall have amongst them at least one 
inspector and at least one clerk. If demanded by the chair¬ 
man of the county committee of either party, lots shall be 
cast to determine which party shall have the returning 
officer. Each candidate for nomination may, at least twenty- 
five days before the primary, present to the county execu¬ 
tive committee of his party a list of election officers desired 
by him for any one or more of the districts, wards or pre¬ 
cincts ; and his county committee shall, so far as practicable, 
make up from the list so presented to it a list of names of 
election officers, six in number, for each district, ward or 
precinct, which it will nominate to the appointing board of 
the county for appointment as officers to conduct the pri¬ 
mary election, and the county committee shall present the 
list so made up by it to the appointing board of the county 
which appoints the election officers to conduct elections 
for state and county offices in November, or at any other 
lawi!ul time, which appointing board, from the list so pre¬ 
sented to it by the county committee, shall select and appoint 
the officers to conduct the primary election, observing the 
above rule as to representation wherever more than one 
party enters the primary, and in the latter case if a county 
committee has not given a sufficient number of names for a 
box, then the appointing board shall supply the deficiency 
from electors of that party. Such officers shall be paid in 
the same manner and the same amounts as are like ofdcers 
holding a regular state election under the laws of Alabama, 
to be paid out of the county treasury in the same manner, 
except as otherwise provided by this act. In the event any 
person appointed as an officer for the primary fails to ap¬ 
pear at the polling place by 8 o’clock a. m. on the day of 
election, then his place shall be filled by such of those who 
have been named by the appointing board as do appear. In 
the event none so named shall so appear, then the voters 
present qualified to participate in such primary may from 
amongst themselves select the officers to conduct the pri¬ 
mary in such ward, precinct or district under the same 
restrictions as control the appointing board, and such sub¬ 
stituted persons shall have the authority to conduct such 
election and the right to be paid for their services in the 
same manner and amounts as if they had been originally 


5 


appointed. All officers serving in such primary election 
shall take the same oath required to be taken by officers of 
regular state elections. And any election officer who fails 
to serve, except because of illness, shall be guilty of a mis¬ 
demeanor. 

Sec. 13. The officers of all primary elections held under 
the provisions of this act shall have the same power and 
privileges as officers of regular State elections, and shall be 
subject to the same restrictions, limitations, penalties and 
conditions. 

Sec. 14. Separate official ballots and other election 
stationery supplies for each political party shall be printed 
and furnished for use at each election district or precinct, 
and shall be of a different color for each of the political par¬ 
ties participating in such primary election. All ballots for 
the same political party shall be alike, printed in plain type, 
and upon paper so thick that the printing cannot be dis¬ 
tinguished from the back. Across the top of the ballot 
shall be printed the words, "‘Official Primary Election Bal¬ 
lot.” Beneath this heading shall be printed the year in 
which said election is held and the words, “Democratic 
Party” or “Republican Party,” or other proper party desig¬ 
nation. Each group of candidates to be voted on shall be 
preceded by the designation of the office for which the can¬ 
didates seek nomination, and in the proper place the words, 
“Vote for One” or “Vote for Two” (or more, according to 
the number to be elected to such office at the ensuing elec¬ 
tion). And there shall also be printed the words, “First 
Choice,” at the head of appropriate rulings or lines at the 
left of the names of the candidates, and the words, “Second 
Choice,” at the right of the names of such candidates, wher¬ 
ever either a majority vote or a tie vote would not otherwise 
necessarily occur. 

Sec. 15. Where more than one political party has en¬ 
tered such primary, it shall be the duty of the Sheriff to 
furnish to the election officers of each voting place separate 
ballot boxes for each party participating in such primary. 
Said boxes shall be distinctly marked and the ballots of 
electors of each party shall be deposited in the box assigned 
to and designated for that party. The returns, certificates, 
official list of voters, ballots, tally sheets, affidavits as to 
challenged votes, after the canvass of . the votes, shall be 
deposited in the ballot box of the party to which they relate. 

Sec. 16. The names of candidates for each office shall 
be printed in alphabetical order according to surnames, and, 
except as to the order in which the several offices to be 


Oath. 

Must Serve. 

Powers and 
Responsibilities. 

Ballots. 

Supplies. 


Form and 
Contents. 


Ballot Boxes. 


Contents. 


Form of Ballot. 


6 


First Choice. 
Second Choice. 


filled are stated, official ballots for primary elections shall 
be printed in substantially the following form : 

OFFICIAL PRIMARY ELECTION BALLOT 
1916 

Democratic Party 


District Number 1 of Precinct Number 1__County. 

Instructions: To vote for any candidate, make a cross 
(X) in the square in the appropriate column, according to 
your choice. Vote your first choice in the column to the left 
of the names of candidates; vote your second choice in the 
column to the right of the names of candidates. If there is 
no column at the right of a name, vote your first choice 
only. Do not vote more than one choice for the same can¬ 
didate. 


First I FOR GOVERNOR. 

Choice I Vote for One. 

I William Jones 
I Charles Smith 
I John Williams 


Second 

Choice 


First 

Choice 

FOR RAILROAD COMMISSIONER. 
Vote for Two. 

Second 

Choice 


James Davis 



Robert Johnson 



Thomas Mitchell 



Richard White 






First 

FOR UNITED STATES SENATOR. 

Second 

Choice 

Vote for One. 

Choice 


Frank Anderson 



Joseph Brown 






First 1 FOR SHERIFF. 

Choice I Vote for Two. 

Second 

Choice 

1 Benjamin Thompson 


1 David Walker 


1 Samuel Young 


1 













































7 


Sec. 17. Any qualified elector who is also a member of 
a political party, as herein defined, participating in a pri¬ 
mary election, shall be entitled to vote at such primary elec¬ 
tion and shall receive the official primary election ballot of 
the political party, and no other. 

Sec. 18. The Judge of Probate of each county is hereby 
required to furnish to the officers of said primary election 
a copy of the official list of voters of each district or pre¬ 
cinct in his county, of the same kind and in the same manner 
as he is by law required to furnish such lists to the officers 
at any general State election, and he shall furnish as many 
of said lists as there are parties participating in said pri¬ 
mary. The Probate Judge shall also furnish all necessary 
election supplies, including stamped addressed envelopes in 
which to mail certificates of results and other papers herein 
required to be forwarded. The Probate Judge shall de¬ 
liver such election supplies and lists to the SherilT of the 
county not less than three days before the day of the elec¬ 
tion. It shall be the duty of the Sheriff to deliver the same, 
together with ballot boxes and voting booths, to the officer 
of said election at the place provided by him for holding said 
election, and not later than 7:30 o'clock on said election day. 

Sec. 19. If the name of a person desiring to vote does 
not appear on the official list of voters for said district, 
ward or precinct as furnished by the Judge of Probate, it 
shall be the duty of the inspectors to challenge such vote 
in the same manner as they are required to challenge voters 
in general elections whose names do not appear on the of¬ 
ficial list of voters, and when challenged, such voter, before 
his ballot shall be received, shall be required to swear and 
subscribe to the same affidavit of qualification which is re¬ 
quired of a voter challenged at a general election, and shall 
also be required to produce the same kind of affidavit of 
identification as is required of a voter challenged at a gen¬ 
eral election, and the affidavit of identification must be sub¬ 
scribed and sworn to in like manner as required at general 
elections. Provided, however, that wherever a person duly 
qualified to vote in a district, ward or precinct presents to 
the inspectors a certificate (dated subsequently to begin¬ 
ning the publication by the Probate Judge of the list of 
qualified electors) signed by the Probate Judge and under 
his seal, or that of his court, that such person named ap¬ 
pears upon the lists of qualified electors entitled to vote at 
that primary on file or record in his office, then such appli¬ 
cant may be allowed to vote without any challenge made 
upon the above ground. 


Voters. 


Ballots. 


List of 

Qualified Voters 
Furnished to 
Officers. 


Supplies. 


Ballot Boxes. 
Booths. 

Challenges. 


Certificate fronth 
Probate Judge.. 


8 


Voting Secret. 


Numbering 
Ballots at Start. 


Initials. 


Watchers 


Returning 

Officers 


Penalties 


Numbering 
Ballots at 
Deposit 


Record of 

Numbers 


Contest 


Sec. 20. The ballot of every voter shall be kept secret 
and inviolate. As the inspectors deposit the ballot, the 
name of the voter shall be checked off of the official voting- 
lists, but no numbers or other identification of any kind 
shall be placed upon the ballot of the voter, except that one 
of the inspectors as he hands out the ballot to the voter shall 
initial the same on its back, and before depositing it in the 
ballot box shall examine said ballot and see that it contains 
the initials aforesaid. A candidate who has qualified may 
have a single watcher in the polling place, to be appointed 
by him in writing over his own signature, and the appoint¬ 
ment shall be presented to and filed with the inspectors. 
A returning officer shall not of right be in the voting place 
except to cast his own legal ballot and finally to receive the 
box from the inspectors in order to return it, and he shall 
not be a watcher. A watcher shall not act as or be an elec¬ 
tion officer, and shall not render any assistance to any one 
in preparing a ballot. The watcher may remain in the 
voting place from the opening of the polls until the box is 
sealed and delivered to the returning officer, and shall have 
the right to see and inspect the ballots as they are called off 
and see the tally as it is being made, and generally to watch 
the conduct of the election. Any watcher who shall violate 
any of the provisions of this act, and any person who shall 
pretend to be a watcher when he has not been appointed, 
and any person who shall impersonate a watcher, and any 
watcher who shall on election day either directly or indi¬ 
rectly electioneer or campaign with any elector or suggest 
how he shall vote, shall be guilty of a misdemeanor, and on 
conviction shall be fined not less than one hundred dollars 
nor more than one thousand dollars. All ballots shall be 
numbered on the back thereof before being deposited in the 
ballot box, and a corresponding number be placed by the in¬ 
spectors on a record to be kept for that purpose by them, 
which record shall be enclosed in a separate envelope and 
sealed and directed to the Probate Judge, and filed with him 
by the returning officer, and be kept by the Probate Judge, 
to be opened only in the event of a contest. In the event of 
a contest such record, sealed, of only the counties, districts, 
precincts or wards concerned in the contest, shall be deliv¬ 
ered by such judge to the chairman of the committee which 
is to try the contest, and when opened may be used in evi¬ 
dence so far as necessary. Such chairman shall not open 
such sealed records except on proper demand, as per Section 
42, or as permitted by law; except to make certified copies 
on such demand, he shall not open them except in the pres¬ 
ence of the trial committee. After the time allowed by law 


9 


for filing contests, if no contest be filed, the Probate Judge 
shall destroy such sealed record. 

Sec. 21. All challenged votes shall be marked '‘Chal¬ 
lenged’' on the back thereof by one of the inspectors, and 
with a number corresponding to the number opposite the 
name of the challenged voter as it appears on the official 
voting lists. If the name of such challenged voter does not 
appear on the official voting list, one of the inspectors shall 
add such name to the official voting list and give it its prop¬ 
er consecutive number. 

Sec. 22. All affidavits of challenged voters shall be 
taken in duplicate in the same manner as the same affidavits 
are taken of challenged voters in general elections. One 
copy of such affidavits in reference to such challenged voters 
shall be returned with the votes in the ballot box of the 
party to which they pertain. The other copy shall be mailed 
to the solicitor for the county, to be presented by him to the 
next grand jury meeting in said county. 

Sec. 23. If a qualified elector is unable to read or is so 
physically disabled that he cannot make his cross-mark on 
the ballot, and asks aid to prepare his ballot, the inspector 
shall swear him to such disability, and thereupon no more 
nor less than two inspectors shall go with him into the 
booth and mark his ballot as he directs. If more than one 
political party is participating in the primary, one of the 
inspectors shall be of one party and the other of another 
party participating therein. If an inspector shall so mark 
the ballot contrary to the voter’s direction or request, or if 
one shall electioneer or attempt to electioneer with the voter, 
or attempt to influence his vote by suggestion or otherwise, 
or if one shall afterwards divulge how such elector voted in 
any race on the ballot, such inspector shall be guilty of a 
misdemeanor, and on conviction shall be fined not less than 
one hundred dollars nor more than one thousand dollars. 
In no other events than those specified in this section shall 
anyone assist a voter to prepare his ballot, and anyone do¬ 
ing so contrary to the provisions thereof shall be guilty of a 
misdemeanor, and on conviction shall be fined not less than 
one hundred dollars nor more than one thousand dollars. 

Sec. 24. It shall be the duty of the Sheriff, at the ex¬ 
pense of the county, to furnish and have in place at each 
voting place election booths as provided by law for general 
elections. Each elector in preparing his ballot shall pre¬ 
pare the same in a booth, and nowhere else. Each elector 
who has not, under Section 23 above, requested assistance 
in preparing his ballot, shall prepare said ballot without the 


Challenged Votes 
and Voters. 


Challenges. 

Affidavits. 


Aid to Voter to 
Mark His Ballot. 


Penalties. 


Booths. 


Voting. 


Aid. 


10 


Penalties 

Divulging Vote 
Counting Votse 


First Choice 
Second Choice 

Single Shot 

Tally Sheets 


Second Choice 


Forms 


assistance of any one, nor shall any one be allowed to be 
present in the booth while he is preparing such ballot. If 
any elector receives assistance other than that provided by 
Section 23 above, or if he prepares his ballot in the pres¬ 
ence of anyone else, or if he divulges to anyone else how he 
voted, he shall be guilty of a misdemeanor. 

Sec. 25. At the close of the primary election at each 
polling place, and nowhere else, the inspectors and clerks 
shall proceed forthwith, without adjournment, in the man¬ 
ner provided by law in the case of general elections, to count 
the vote, and in addition thereto, it shall be the duty of the 
inspectors and clerks of election in each election district 
carefully to enter the number of first and second choice 
votes for each candidate and make return thereof as pro¬ 
vided by law in the case of returns in general elections. 
First and second choice votes shall not be cast by a voter 
for the same candidate, and in the event that shall be done, 
only the first choice vote shall be counted. 

Sec. 26. A ballot commonly known as a single shot 
shall not be counted. Where two candidates or more are 
to be nominated for the same offices, the voter must express 
his choice for as many candidates as there are offices to be 
filled. 

Sec. 27. The following are declared to be samples of 
the tally sheets and instructions for using same in such 
primary elections: 

Samples of Tally Sheets and Instructions for Using Same, 

Where there is one candidate to be nominated and only 
two running, there will be no second choice votes, and tally 
sheets will be of the following form, which for convenience 
will be designated as Form No. 1: 

Form No. 1. 

DEMOCRATIC PRIMARY. 

Names of Candidates. Votes Received. 

For Governor. 


A. 


B. 








11 


The candidate receiving the highest number of votes 
will be declared nominated and record made as now made 
in general elections where there are two candidates. Where 
there is one or more candidates to be nominated and three 
or more running, the following form, called Form No. 2, 
will be used. In this form the votes have been tallied out 
just as they would be tallied in actual use, and following the 
form will be found instructions for counting the vote and 
for recording the same. 


Form No. 2. 

DEMOCRATIC PRIMARY. 


First Choice 

Uaxaee of Candidates. 

Second Choice 

tiu ma ma 
nai ma riii ma 
ma ma rwa 50 

For Governor 

A 

ma nil nn nn nn 
25 

naa awa r«a 

naa iaaa naa 

ma xaia rail 45 

B 

ma nn nn nn ma 
am 30 

ina 

mi nil nil nn 

ma nai nn 40 

C 

rm nn nn mi 

20 


It is required to so tally the vote as to show the number Tallying, 
both of first choice and of second choice votes received by 
each candidate. The names of the candidates are perpen¬ 
dicularly arranged. It will be noticed that the names of the 
candidates are in alphabetical order according to surnames. 

They will appear in this order on the ballot, and the tally 
sheet is intended to correspond with the ballot in this re¬ 
spect. Tally the first choice vote of any candidate in the 
appropriate space on the left of the perpendicular column 
in which the names of the candidates appear, and the second 
choice votes in the appropriate space on the right. 

Sec. 28. The counting of the ballots completed, the re- Result 
suits shall be publicly proclaimed. Separate certificates for Proclaimed 
each of the political parties entering said primary and the 
results of said election shall be drawn up by said inspectors 
and clerks at each and every election district or precinct, 
which shall contain all matters and things provided for in 








12 


Forms 


Certificates 
of Result 

Returns 


Sheriff 


Returning 

Officer 


the law regulating general elections, and, in addition there¬ 
to, in all cases where first and second choice ballots are 
voted, the number of first choice votes received by each can¬ 
didate and the number of second choice votes received by 
each candidate. Said certificates in this respect shall be 
substantially in the following form: 

We hereby certify that 

A_Candidate for Governor received_first choice votes and 

_second choice votes. 

B_Candidate for Governor received_first choice votes and 

_second choice votes. 

C_-Candidate for Governor received_first choice votes and 

-second choice votes. 


Inspectors. 

Said certificates shall be signed by each of the in¬ 
spectors ; one copy of the same shall be forthwith posted in 
a conspicuous place at such polling place. Copy shall be 
deposited with the proper committee or governing authority 
of each of the political parties participating in the primary 
at such place as the committee or governing authority shall 
designate at which to receive such returns. Another copy 
shall be mailed to the chairman of the State executive com¬ 
mittees of the political parties participating in said primary. 

Sec. 29. The Sheriff of each county on the day of such 
primary election shall be present in person or by deputy 
at each election precinct or voting districts where such elec¬ 
tions are held, and shall preserve good order. All duties 
imposed and powers conferred upon the Sheriff in said 
county and district elections by this section are hereby im¬ 
posed and conferred on the marshal or chief of police in all 
municipal prirnary elections. Not more than one officer 
shall be allowe'd, however, to enter into the polling place. 
The Sheriff shall also perform the duty of returning officer 
as in general elections. It shall be his duty to return to the 
chairman of the County Executive Committee or governing 
authority at the office of Judge of Probate at the county seat 
of each of the political parties participating in the election 
the ballot boxes and returns which have been delivered to 
him by the officers of said election. Such ballot boxes and 
returns shall not be allowed to leave his possession, and 





13 


must be returned by him not later than Thursday noon fol¬ 
lowing the election. It shall be the duty of the County Ex¬ 
ecutive Committee or other governing authority of each of 
the political parties participating in the said primary to be 
present at said time and place for the purpose of receiving 
said ballot boxes and returns and canvassing and declaring 
the results. Each and all of the persons failing to perform 
any of the duties herein required shall be guilty of a mis¬ 
demeanor. 

Sec. 30. The County Executive Committee or govern¬ 
ing authority of the parties participating in said primary 
shall, at the time above named, receive the returns, canvass 
the same and declare the results. First: In all cases where 
second choice voting is not provided for by this act, the can¬ 
didate for office receiving a majority of the votes cast shall 
be declared nominated for said office. Second: In cases 
where there is to be nominated only one candidate for a 
particular office, if such candidate shall receive a majority 
of first choice votes, he shall be declared nominated for such 
office. If no candidate shall receive such a majority of first 
choice votes, then the nomination of such office shall be be¬ 
tween the two candidates receiving the highest number of 
first choice votes, and shall be determined by adding to the 
first choice votes of said candidates the second choice votes 
which they respectively receive, the candidate thus receiv¬ 
ing the greater number of first and second choice votes shall 
be declared nominated. Third: In cases where more than 
one nomination is to be made for any particular office, the 
candidate or candidates receiving the highest number of 
first choice votes cast for said office shall be declared nomi¬ 
nated therefor, provided the first choice votes received by 
said candidate or candidates shall be a majority of all the 
first choice votes cast for such office. In determining the 
number of votes cast for such office the total first choice 
votes received by all the candidates therefor, divided by the 
number of candidates to be nominated for such office, shall 
be taken as the total vote cast for such office. If no candi¬ 
date, or if any place or places be not filled in accordance with 
the above, the nomination shall be decided as follows: Twice 
as many candidates shall be considered as there are places 
to be filled, if there be so many candidates, and only those 
candidates receiving the highest number of first choice 
votes shall be considered, and to the first choice votes of 
each of said candidates there shall be added the number of 
second choice votes as each of said candidates respectively 
received; the number of said candidates necessary to fill said 
offices who receive the highest number of aggregate of first 


Executive 

Committee. 


Penalties. 

Canvassing 

Returns. 

Second Choice. 
Majority. 

Dropping 

Candidates. 


Total Vote Cast. 


Dropping 

Candidates. 


14 


/ Tie Vote 


Arrests. 


Sealing Lists 
Counting Votes 


Sealing Ballots 


Ballot Box 
and Contents 


Papers to 
Chairman 


Returning 

Officer 


and second choice votes shall be declared the nominees for 
said offices. 

Sec. 31. In the event that in any primary election held 
under the provisions of this act there shall be a tie vote cast, 
then in such event such tie shall be decided by the chairman 
of the State Committee or the chairman of the committee or 
other governing authority of the committee of the party of 
which said candidates were candidates, and of the political 
subdivision in which such candidates were voted for. 

Sec. 32. No qualified elector who is entitled to vote 
under the rules and regulations of his party shall be ar¬ 
rested on the day of the election except for a felony, or for 
a breach of the peace attempted or committed on that day, 
or for an offense committed on that day concerning the 
election; the Sheriff or his deputy, or in case of a municipal 
primary, the marshal or chief or a member of the police 
force, may make arrests such as are permitted in this sec¬ 
tion without process, and commit to jail until the offender 
shall give bond, with good and sufficient surety, to be ap- 
proved‘by the Sheriff, marshal or chief of police, as the case 
may be, for appearance before a court having power to 
handle the offense, to answer any charge that may be 
brought against the offender. 

Sec. 33. No ballots shall be counted until the polls are 
closed. Before counting any ballot or examining the same, 
one of the official lists of voters for each party participating 
in the primary which was furnished by the Probate Judge 
shall be securely sealed in separate envelope, and each of 
the inspectors shall write his name across every fold at 
which the envelope, if fastened, could be opened. After the 
count of the voters is finished, and certificates of the results 
have been prepared and signed, the inspectors shall seal up 
in a separate envelope all the iDallots cast at such election, 
and shall put such ballots so sealed up into the proper party 
ballot box, together with one official list of voters aforesaid, 
and shall also put into the ballot box one tally sheet and one 
certificate of the result, and the ballot box with those con¬ 
tents in it shall then be securely locked and sealed. The in¬ 
spectors shall also, in an envelope addressed to the chairman 
of the County Executive Committee or other governing body 
of each political party participating, seal up one certificate 
of the result, one official list of the voters aforesaid, and one 
tally sheet, and such envelope with those contents in it, to¬ 
gether with the proper party ballot box, shall thereupon 
be immediately delivered to the returning officer, who shall 
keep the same securely in his possession, and by noon of 


15 


Thursday following the primary shall carry and deliver the 
box and envelope separately to the proper chairmen of the 
county executive committees of the political parties partici¬ 
pating in such primary, at the office of the Probate Judge 
of the county. After the result has been canvassed and de¬ 
clared by the County Executive Committee, the chairman of 
such county committee shall securely keep the ballot box 
until it is known that there will be no contest, but in any 
event not less than thirty days, and if in that time no con¬ 
test has been properly instituted, such chairman shall then 
destroy the contents of such box without examining the 
same; and such ballot box shall not be opened except in one 
or the other of the following events: First, in the event of 
a contest, where the opening of the box has been authorized 
under authority of the chairman of the executive committee 
trying the contest; and second, where a box has been re¬ 
turned, but no certificate of the result of the election has 
been sent the chairman outside of the box, the box may be 
opened by the ^airman of the county committee, under the 
direction and in the presence of the committee; and the 
committee for canvassing purposes may obtain the result 
at any particular district, ward or precinct from the con¬ 
tents of the box, using the certificate of result contained 
therein, if any, or otherwise, so far as necessary in order to 
obtain it from the box; after which the papers shall be re¬ 
turned into the box and the box be re-sealed by the chairman 
in the presence of the committee. 

Sec. 34. The State Executive Committee, or other gov¬ 
erning authority of any party, may, for the purpose of fill¬ 
ing vacancies which may occur in any nomination by death, 
resignation or otherwise, or in case of special election, pro¬ 
vide for the holding of special primaries at such times as 
they may designate, provided that neither the State nor the 
counties shall be called upon to defray the expenses of the 
primary. If any such primaries are called or held, they 
shall be held in the same manner, subject to the same rules, 
instructions and penalties as are set forth herein for the 
holding of the general primaries herein provided for. The 
State Executive Committee, or other governing body of said 
party calling said special primaries, may fix the time and 
provide for the giving of such notices as they deem best of 
the time for holding such special primary. 

Sec. 35. The State Executive Committee, or other gov¬ 
erning body of any political party, may provide for State 
conventions or conventions of other subdivisions, and may 
provide for the election of delegates to such conventions or 


Chairnian 
Keeps Box, etc. 


Opening Box. 


Vacancy lit 
Nomination. 


Special Primary. 
Expenses. 


Laws that 
Govern. 


Time, 

Notice. 


Conventions. 


16 


other party officers at the general primary herein pro¬ 
vided for. 


Certifying the 
Nominees 


Contest 


Certi^ing 

Nominees 


Contest 


Time 

Grounds 

Conditions 


Sec. 36. Within not less than twenty nor more than 
sixty days after the announcement of such result for any 
office, the chairman of the State committee shall certify to 
the Secretary of State of Alabama the name or names of 
each of such nominees of a party as the candidate of such 
party for the general election to the office for which he is 
nominated, and the chairman of each Congressional Execu¬ 
tive Committee, each judicial circuit, each chancery division 
and each Senatorial district, or other political subdivision 
which embraces a territory greater than one county, shall, 
within not less than ten nor more than thirty days after the 
ascertainment of the result in his subdivision, certify to the 
chairman of the State Executive Committee the nominees 
of the party for the several offices in his subdivision as de¬ 
clared by the committee of which he is chairman; and the 
chairman of the State Executive Committee, within ten days 
thereafter and at the same time that he certifies the nomi¬ 
nees of the party for the several State offices, shall certify 
to the Secretary of State all nominees as shown by the cer¬ 
tificate filed with him by the several chairmen of the politi¬ 
cal subdivisions of the State greater than one county; and 
the chairman of the County Executive Committee, within 
ten days after the announcement of the result in his county, 
shall certify to the Probate Judge the nominees chosen by 
the vote of his county, and to the State chairman and any 
other appropriate chairman the result of the voting in his 
county as to offices to be filled by the voters of the territory 
greater than one county. Provided, that when a contest of 
a nomination is instituted, or where a special primary to 
nominate is held as herein provided for, the declared nom¬ 
inee for such office shall not be certified until after termina¬ 
tion of the contest filed in the time herein prescribed. 

Sec. 37. The Secretary of State, not less than thirty 
days nor more than sixty days prior to each general elec¬ 
tion, shall certify to the Probate Juge of each county in the 
State a separate list of all the general nominees of each 
party to be voted for by the voters of such county. 

Sec. 38. All nominations held under this act may be 
contested within five days after the result has been declared 
as to all offices to be filled by the vote of a single county, and 
ten days as to all filled by the vote of territory greater than 
a county and less than State, and fifteen days as to all filled 
by the vote of the whole State, under the same conditions 
and on the same grounds as provided in the laws of Ala- 


17 


bama for general elections of State and county officers, and 
as provided in this act. Such contest shall be heard and 
tried by the County Executive Committee as to offices to be 
filled by the vote of a single county, the State committee as 
to offices to be filled by the vote of the whole State, and other 
committees respectively as to offices to be filled by the votes 
of their respective subdivisions; and wherever there is no 
executive committee, as above provided, consisting of enough 
members to obtain a quorum, for any subdivision of the 
State, then by the State Executive Committee. 

Sec. 39. The contests of nomination by a party for of¬ 
fice filled by a vote of the whole State, or of a political sub¬ 
division greater than one county, may be instituted by any 
qualified elector of the State, or of the political subdivision, 
as the case may be, who belongs to that party and legally 
participated in such primary election, upon the following 
grounds, which may be used separately, or else be joined in 
the same contest, namely: 1. Malconduct, fraud or corrup¬ 
tion on the part of any inspector, clerk, marker, returning 
officer, board of supervisors or canvassers, or other persons. 
2. When a person whose nomination is contested was not 
eligible to the office sought at the time of the declaration of 
nomination. 3. On account of illegal votes given. 4. On 
account of the rejection of legal votes. 5. Offers to bribe, 
bribery, intimidation, or other malconduct or misconduct 
calculated to prevent a fair, free and full exercise of the 
elective franchise. 6. Miscalculation, mistake or miscon¬ 
duct in counting, tallying, certifying or canvassing which 
of itself alone, or in conjunction with the giving of illegal 
votes or the rejection of legal votes, or any other ground, 
would, when everything is corrected, reduce the number of 
legal votes cast for the declared nominee down to or below 
those of some other candidate in that race. 7. Violation by 
any candidate of any of the provisions of this act, or of 
what is known as the Corrupt Practices Act, indicated in 
the printed acts of 1915 at pages 250 to 257, inclusive. 

Sec. 40. None of the above grounds of contest shall 
serve to annul or set aside any declared nomination, unless 
such ground alone, or in conjunction with other of such 
grounds alleged, shall serve to show to the reasonable sat¬ 
isfaction of the committee trying the contest that the per¬ 
son who was declared nominated and whose nomination is 
contested did not receive at such primary the number of 
legal votes necessary under this act to nominate him. But 
upon such contest the committee shall have power to de¬ 
clare who was legally nominated at such primary for such 
office. 


Tribunal. 


Who May 
Contest. 


Grounds. 


Grounds Cannot 
Avail When. 


Tribunal 

Declaring 

Nominee. 


18 


witnesses 


False Swearing 


Prosecution Not 
Allowed When 


Certified Copies 
of Papers^ etc. 


Prima Facie 
Evidence 


Statement 
of Contest 


Instituted How 


Sec. 41. Any person examined as a witness on a con¬ 
test of a nomination may be required to answer as to 
whether he voted at the primary, and touching his qualifi¬ 
cation to vote thereat, and to answer for whom he voted in 
the race concerned in the contest. If he swear falsely upon 
such contest to any material matter, he may be prosecuted 
for any perjury thereby committed as defined by Section 
7547 of the Code of Alabama; but if on such contest he 
makes full and true answers, any of which may criminate 
or tend to criminate him, he shall not be prosecuted in any 
court either for voting at the primary or for any offense 
committed by him disclosed by his answers. 

Sec. 42. It shall be the duty of the Probate Judge of 
any county, upon the application of either party to any con¬ 
test, his agent or attorney, to deliver to the party, his agent 
or attorney a certified copy of the registration list and of 
the list of poll tax payers (one or both) of his county, or for 
any election district, ward or precinct therein, upon pay¬ 
ment of his fees for certifying and copying the same at the 
rate of fifteen cents a hundred words written by him in 
making such copy; and such copies, duly certified, shall be 
prima facie evidence of the facts stated therein, namely: 
copies of the registration lists that the persons named 
therein were duly registered, and of the list of poll tax 
payers that the persons named therein had paid poll taxes 
as therein indicated; and any chairman of any committee, 
or other authority or person in whose possession, control or 
custody there is any list of persons voting at the primary, 
or any other paper lawfully pertaining to the primary, shall 
furnish a copy thereof for any district, ward or precinct, 
duly certified by him, whenever required in writing by 
either party to a contest, his agent or attorney, upon the 
applicant’s paying in advance the reasonable cost of pre¬ 
paring such copy, and such duly certified copies shall be 
prima facie evidence of the truth of the matters indicated 
or recited therein. 

Sec. 43. An elector of a party desiring to contest the 
nomination by his party of any candidate declared the nom¬ 
inee for any office shall make a statement in writing setting 
forth specifically: 1. The name of the party contesting, 
and that he was a qualified elector when the primary was 
held and participated therein. 2. The nomination which 
said election was held to fill, and the time of holding the 
election, and the name of the person declared nominated. 
3. The particular grounds on which the nomination is con¬ 
tested. The contest is instituted by filing this statement 





19 


and making security, as elsewhere provided in this act; said 
statement must be certified by the affidavit of such contest¬ 
ing party to the effect that he believes the same to be true. 
If the reception of illegal votes is alleged as a ground of 
contest, it is a sufficient statement of said ground to allege 
that illegal votes were given to the person whose nomina¬ 
tion is contested, which, if taken from him, will of them¬ 
selves alone, or in conjunction with other alleged grounds of 
contest, if any, reduce the number of legal votes given to 
him down to or below the number of legal votes given to 
some other candidate for the same nomination, and if the 
rejection of legal votes is alleged as a ground, it is a suffi¬ 
cient statement of the ground to allege that legal votes were 
offered and rejected which, if cast and counted, would of 
themselves alone, or in conjunction with other alleged 
grounds, if any, reduce the number of legal votes given to 
the person whose nomination is contested down to or below 
the number of legal votes cast for some other candidates for 
the same nomination. 

Sec. 44. No testimony must be received of any illegal 
votes, or of the rejection of any legal votes in any contest 
commenced under the provisions of this act, unless the 
party complaining thereof has given to the adverse party 
notice in writing of the number of illegal votes and by whom 
given, and for whom given, and at what precinct or voting 
place cast, or the number of legal votes rejected, and by 
whom offered, and at what precinct or voting place they 
were not allowed to be cast, which he expects to prove on 
the trial. Such notice must be served personally or left at 
the residence or usual place of business of the adverse party 
at least five days before the taking of the testimony in ref¬ 
erence to such votes. 

Sec. 45. Any contest of a nomination to any office filled 
by the voters of a single county must be commenced within 
five days after the result has been canvassed and declared 
by the County Executive Committee of the party holding 
the primary, by filing a statement of contest with the chair¬ 
man of such county committee, in the same form as in Sec¬ 
tions 43 and 39, and depositing at the same time with such 
chairman the sum of $100.00 in cash to be used by the said 
county committee in paying the expenses of such contest 
from time to time as such expenses may be authorized or 
directed by said county committee; provided, that where it 
is a county office as distinguished from a State office the 
contestant shall so deposit not exceeding $50.00, and the 
person whose nomination is contested under this section 


Security. 


Allegation of 
Illegal Votes. 


Allegation of 
Legal Votes 
Rejected. 


Contest in 
Single County. 


Money Security. 


20 


Time to Answer 

Chairman 

Tribunal 

Appeals 

Notice 


Money Security 


Transcript 

and 

Statement 

Evidence 

Appellate 

Decision on 
Appeal 

Enforcement 


shall have five days’ after notice of the filing of the contest 
'with which to file with such chairman his objection and his 
answers to such contest. 

Sec. 46. The chairman of the county committee, upon 
the filing with him of any contest as herein provided, shall 
within five days call said committee together at the county 
seat at a time not less than ten days nor more than twenty 
days after the filing of such contest, to hear and determine 
the same. 

Sec. 47. Either party to said contest shall have the 
right of an appeal to the State Executive Committee from 
the final decision of the county committee upon the same. 
Notice of such appeal must be filed with the chairman of the 
county committee, and also with the chairman of the State 
committee, within ten days after determination of such con¬ 
test by the county committee, and at the time of filing with 
the chairman of the State committee his notice of appeal, 
such appellant shall deposit with the chairman of the State 
committee the sum of one hundred dollars to cover such 
costs and expenses as may be incurred by the State commit¬ 
tee to hear and determine said appeal, and upon the filing 
of any such appeal the chairman of the county committee 
from whose decision the appeal is taken shall certify to the 
chairman of the State committee immediately upon receiv¬ 
ing notice of such appeal a transcript showing a complete 
record of the proceedings before the county committee in 
such contests, and also a statement of the substance of the 
testimony of each witness taken in the trial of the contest 
before the county committee, and such statement may be 
offered in evidence upon the hearing of the appeal by either 
party to the contest. But additional evidence may also be 
offered by either party to the appeal. 

Sec. 48. The chairman of the State Executive Com¬ 
mittee shall call said committee to meet at a time not less 
than ten days nor more than forty days from the time of 
the filing of any such appeal, for the purpose of hearing and 
determining the same, and upon a final determination of 
said appeal the chairman of such State Executive Com¬ 
mittee shall issue to the County Executive Committee from 
which the appeal was taken the order or judgment of such 
State committee upon the appeal, and said County Execu¬ 
tive Committee shall immediately act thereon in accordance 
with the terms of such order, decree or judgment. And 
upon the failure or refusal of such county committee to 
comply with the terms of such order or judgment within 
the time named in such order or judgment, then such State 


21 


Executive Committee, if it be then in session—otherwise 
the chairman of such State Executive Committee—is here¬ 
by vested with full and complete authority to take such 
measures or adopt such steps as it may desire to carry out 
such order or decree, and invested with all the powers of 
such county committee or its chairman in so far as such 
powers may be necessary or convenient in carrying out 
such order or judgment. 

Sec. 49. Any qualified elector of a party participating 
in any primary election held under the provisions of this 
act may, if he participated in the primary, contest a nomi¬ 
nation declared by his party to any office filled by the vote 
of the entire State, or any subdivision thereof greater than 
the county, by filing with the chairman of the Executive 
Committee of the State, or the chairman of such subdi* 
vision thereof, as the case may be, his statement of contest 
and grounds thereof, as required by Sections 43 and 39 of 
this act for contest before a committee, verified and with 
averments the same as there provided, and by making a se¬ 
curity as elsewhere provided in this act. 

Sec. 50. That if such contest be of any State Senatorial 
nomination where the district is greater than one county, 
the contestant at the time of filing his statement of contest 
shall deposit with the chairman of his Senatorial district, if 
there be one—if not, with the chairman of the State Execu¬ 
tive Committee—the sum of twenty-five dollars for expenses 
of such contest, to be used as such committee may direct. 
If the contest be of the nomination for chancellor or judge 
of any court of record, whose district or circuit is greater 
than one county, the contestant shall at the time of filing 
such statement of contest deposit the sum of sixty-two and 
50/100 dollars with the chairman of the committee trying 
the contest. If it be of a nomination to Congress, the con¬ 
testant shall file with the chairman of the Congressional 
committee, if there be one—if not, with the chairman of 
the State committee—at the time of filing his contest, the 
sum of one hundred and twenty-five dollars for the purpose 
of paying such expense of the contest as such committee 
may direct, and if it be the contest of any State office, then 
the contestant shall deposit with the chairman of the State 
committee at the time of filing his contest the sum of two 
hundred and fifty dollars for the expense of such contest as 
may be authorized by the committee, and in addition to the 
above amounts herein required to be deposited at the time 
of filing contest, the State committee or governing body of 
any political subdivision may from time to time require the 
deposit of additional amounts for the purpose of paying the 


Contest on More 
Than Single 
County. 


Security. 


Money Security. 
Senatorial. 


Judges ^etc. 


Congressman. 


State Officials. 


Additional 

Deposits. 


22 


County 

Offices 


Notice of Contest 

Time to 
Answer 


Appeals 


Money Security 


Tribunal Meets 


Judgment 


Certifying 

Judgment 


New Primary 


expenses incident to such contest, but in no case shall the 
amount required by said committee or governing body be 
more than four times the respective amounts above required. 
Provided, however, that the contestant for the nomination 
of any county office shall not be required to deposit any 
amount in excess of seventy-five dollars. The person whose 
nomination is contested shall at once be notified by such 
chairman in writing of such fact, and such contestee shall 
have ten days after the receipt of such notice of such con¬ 
test within which to file with the chairman of said State 
committee or other committee or governing body of the 
party of his objections and answers to the statement of con¬ 
test. Either party to any contest not first heard by the 
State Executive Committee shall have the right of appeal 
to the State Executive Committee from any final judgment 
of any other committee, but at time of filing such appeal 
shall deposit with the chairman of the State committee the 
same amounts as herein required for the institution of con¬ 
test. 

Sec. 51. State Executive Committee or governing body 
of any political subdivision of the State greater than one 
county shall, upon the filing of a contest with the chairman, 
be called by such chairman to meet at a time not less than 
ten days nor more than forty days from the time of filing of 
such contest for the purpose of hearing and determining the 
same. 

Sec. 52. Upon the hearing of any contest, if the com¬ 
mittee finally determines who is the legal nominee for any 
office, it shall make a declaration of its judgment upon the 
question; but a failure or refusal by the committee in which 
the contest is brought to hear and determine the same as 
much as thirty days before the general election in Novem¬ 
ber, shall be treated as a dismissal on the rendition of judg¬ 
ment, a certificate thereof shall be forwarded by the chair¬ 
man to the proper destination: the county chairman to the 
Probate Judge within five days, the chairmen of other com¬ 
mittees to the State chairman, and the State chairman to 
the Secretary of State within ten days, and the Secretary 
of State to the Probate Judge within twelve days after the 
result, but all certificates shall be made so as to get the nom¬ 
ination on the ballots for the general election in November. 

Sec. 53. If, upon the hearing of any contest for any 
office, as provided for in this act, the committee, after an in¬ 
vestigation and hearing of the contest, shall determine that 
it is impossible from the evidence before it to decide who is 
the legally nominated candidate for the office contested, it 
shall have the right and authority to direct a new primary 


23 


election for the nomination to any such office, but where 
any action is taken by any county committee or by the com¬ 
mittee of any political subdivision less than the whole State, 
either person to the contest in the same manner as herein 
provided for in the case of appeals from the action of any 
county committee, may take an appeal to the State Execu¬ 
tive Committee, which shall be the court of final appeal in 
all party contests of nominations; provided, that upon the 
hearing of any contest or appeal, as provided for in this act, 
one-third of the members of any such State Executive Com¬ 
mittee shall constitute a quorum for the hearing of such 
contest or appeal; provided further, that the entire commit¬ 
tee be notified of the meeting in the usual way. 

Sec. 54. The State Executive Committee in cases of 
State offices, and the executive committee of any political 
subdivision of the State or other governing body, as the case 
may be, but subject to the approval of and in accordance 
with the method prescribed by the State Executive Commit¬ 
tee, where vacancy may occur in any nomination, either by 
death, resignation, revocation or otherwise, or in case of any 
special elections, shall have authority to fill such vacancy 
either by action of the committee itself, or by such other 
method as such committee or governing body may see fit 
to provide. 

Sec. 55. The State Executive Committee shall prescribe 
such other additional rules governing contests and other 
matters of party procedure as it may deem necessary not in 
conflict with the provisions of this act. 

Sec. 56. The chairman of any such committee before 
which may be pending any contest as herein provided shall 
have authority to administer oaths to witnesses in such con¬ 
tests and to summon persons and officers to be and appear 
before him; provided, that the person who desires the sum¬ 
moning of any witnesses, at the time he makes request of 
the chairman of such committee to summon any witness, 
shall deposit with the chairman of such committee, in cash, 
sufficient money to pay the cost of summoning any such 
witness. And also to pay such witness the sum of one 
dollar per day while attending upon such committee and 
the sum of three cents per mile each way in coming and re¬ 
turning from attendance upon such committee; and all wit¬ 
nesses summoned to testify in any contest pending before 
any committee shall be paid at the rate of one dollar per day 
and three cents per mile, as herein provided for; provided, 
that any party to the contest may file with the chairman an 
instrument in writing signed by any such desired witness 
waiving his right to claim such per diem and mileage, in 


Appeals. 


Quorum of State 
Committeeu 


Vacancy in 
Nomination. 


Rules. 


Oaths. 


Subpoenas. 


CostSj etc. 


Per Diem and 
Mileage Fees. 


24 


Commission to 
Take Testimony 


Duties of 
Commissioner 


Fees, etc. 


Powers of 
Commissioner 


Not of Kin 


Assessment and 
Qualifying of 
Candidates 


Subpoena of 
Witnesses and 
Duces Tecum 


which event the chairman shall not require a deposit for the 
payment of such witness fees, but only for the expense of 
summoning him. 

Sec. 57. Upon the filing of any contest as herein pro¬ 
vided, the executive committee before whom any such con¬ 
test is pending, if in session, or the chairman of such com¬ 
mittee, if it is not in session, may appoint a commissioner 
upon the request of either party for the purpose of taking 
testimony in such contest, and such commissioner shall take 
such testimony as he may be directed to take by the chair¬ 
man of such committee, and five days' notice of the time and 
place when such commissioner expects to take such testi¬ 
mony and the name of the witnesses to be examined shall 
be served upon the opposite party to the contest; each party 
to the contest may be represented before such commissioner, 
but before any such commissioner is appointed the party 
desiring the appointment made shall deposit with the chair¬ 
man of such committee sufficient funds to pay the expenses 
and fees of such commissioner, and the fees and mileage of 
any witnesses which may be summoned before such com¬ 
missioner. And such commissioner when appointed shall, 
for the purpose of the contest in which he is to take testi¬ 
mony, have authority to summon witnesses to appear before 
him in such contest and to administer oaths to such wit¬ 
nesses, and shall have all the authority vested in a justice of 
the peace to punish for contempt. But such commissioner 
shall not be of kin to either party to the contest. 

Sec. 58. That nothing herein shall be construed to 
prohibit any executive committee of a party from fixing 
assessments or other qualifications, as it may deem neces¬ 
sary, for persons desiring to become candidates for nomina¬ 
tion to office at a primary election; provided, that no as¬ 
sessments shall be made by a committee for any county 
having by the last or a future census a population of less 
than 45,000, and in larger counties such assessment shall 
not exceed two per cent, of one year's emolument of the 
office sought, and for unremunerative or party office it shall 
not exceed $10 for one filled by the vote of a single county, 
and if filled by the vote of a subdivision greater than one 
county, not over $20, and if filled by the vote of the whole 
State, it shall not exceed $50. 

Sec. 59. In the hearing of any contest before any com¬ 
mittee under the provisions of this act, such committee, 
through its chairman, or through such other authority as 
may be designated, shall have authority to summon wit¬ 
nesses to appear before it or before any sub-committee ap¬ 
pointed by it, in the hearing of any contest pending before 


25 


such committee, and can require any witnesses by a sub¬ 
poena duces tecum to produce any books, papers, poll lists, 
tally sheets, ballots, certificates or other documents which 
it may consider necessary to a rightful determination of the 
case. Any such witness who lives more than forty miles 
from the place where such contest is to be heard or tried at 
the time he is summoned, shall be furnished the amount of 
his railroad fare going and coming to attend upon such 
committee. 

Sec. 60. Any person who violates any of the provisions 
of this act for which a penalty is not herein otherwise pro¬ 
vided, shall be guilty of a misdemeanor, and upon conviction 
shall be punished by a fine of not less than fifty ($50.00) 
dollars and not more than five hundred dollars, and may 
also be imprisoned in the county jail or sentenced to hard 
labor for the county for not more than six months at the 
discretion of the court. 

Sec. 61. That all laws, general, local or special, in con¬ 
flict with this act, be, and the same are, hereby repealed. 

Sec. 62. Every section of this act and every part of 
each section are hereby declared to be independent sections 
and parts of any section, and the holding of any section or 
part thereof, to be void, ineffective or unconstitutional for 
any cause, shall not affect the other sections or parts 
thereof. 

Sec. 63. This act shall take effect upon its approval. 


AN ACT 

To provide for the registration of electors. 

Be it enacted by the Legislature of Alabama: 

Section 1. Registrars, Appointment of.—Registration 
shall be conducted in each county by a reputable and suita¬ 
ble person, to be appointed by the Governor, State Auditor 
and Commissioner of Agriculture and Industries, or by a 
majority of them acting as a board of appointment, and 
who must be also qualified electors and residents of the 
county, and who shall not hold an elective office during their 
terms. 

Sec. 2. Terms of Office.—The registrars so appointed 
shall hold office for four years and until their successors 
are appointed. 

Sec. 3. Vacancies of Registrars; How Filled.—If one 
or more of the persons appointed on such board of registra¬ 
tion shall refuse, neglect, or be unable to qualify or serve. 


Railroad Fare. 

Penalties. 

Repeal. 

Constitutionality. 


Registrary. 

Terms. 

Vacancies. 



26 


Pay 


Oath 


Judicial Officers 


Meetings 


Purging Lists 


Making Lists 


Executive 

Committee 

Represented 


or if a vacancy or vacancies occur in the membership of the 
registrar from any cause, the Governor, State Auditor and 
Commissioner of Agriculture and Industries, or a majority 
of them acting as a board of appointment, shall make other 
appointments to fill such board. 

Sec. 4. Fees, Compensation of Registrars.—Each reg¬ 
istrar shall receive three dollars per day, to be paid by the 
State, and disbursed by the several judges of probate, for 
each day’s attendance upon the sessions of the board. 

Sec. 5. Oath of Registrars.—Before entering upon the 
performance of the duties of his office, each registrar shall 
take the same oath as required of the judicial officers of the 
State, 'which oath may be administered by any person au¬ 
thorized to administer oaths. The oath shall be in writing 
and subscribed by the registrar, and filed in the office of 
the Judge of Probate of the county. Said registrars are ju¬ 
dicial officers, and shall act judicially in all matters per¬ 
taining to the registration of applicants. 

Sec. 6. The registrars shall meet in a county seat of 
each county on the second Monday in August, 1915, and in 
every year thereafter shall meet at said county seat on the 
first Monday of February for purging the registration list 
of the names of those who have died, become non-residents 
of the State or county, become insane and then so declared 
by inquisition of lunacy, or who have been convicted of any 
offense mentioned in Section 182 of the Constitution, since 
being registered, or otherwise disqualified as electors under 
the provisions of the Constitution, and any names which 
may have been fraudulently entered on such lists shall be 
stricken from the registration list. At said meeting the 
registrar shall also examine the registration lists which 
have been returned by them to the office of the Judge of 
Probate of the county in so far as the same relates to the 
registration of voters in precincts, the boundaries of which 
have been changed or which have been divided or sub¬ 
divided into election districts since the return of said list 
to the office of the Judge of Probate, and shall determine 
from this examination and from other available informa¬ 
tion the residence of the persons named in said lists so that 
a new list may be made therefrom which will state the resi¬ 
dence of the persons registered by election precincts and also 
by election districts. 

Sec. 7. At such meeting above provided for there shall 
be allowed to be present one person to be selected by the 
chairman of the county executive or other principal county 
committee of any political party, and such persons shall 
have the right to present to the registrar any names which 


27 


they claim should for any of the reasons set forth as causes 
for purging the lists in the section just preceding be strick¬ 
en from the lists. 

Sec. 8. At such meeting any legal voter in said county purging Lists, 
may present to such board an affidavit made before any 
person authorized by the laws of this State to administer 
oaths stating in substance that the person or persons in said 
affidavit named are for a cause therein stated not legal 
voters, and requesting that the names of said persons be 
stricken from the registration lists. 

Sec. 9. It shall also be the duty of said registrar to 
make a list of the names appearing on said registration lists 
which in their opinion for legal causes should be stricken 
therefrom. 

Sec. 10. When the name of any elector is proposed to 
be stricken from the registration lists either by the person 
representing a political party or by the affidavit of a legal 
voter, or by the registrar, a notice shall thereupon issue 
citing him to appear before the board on the fourth Mon¬ 
day of October, 1915, following, and thereafter in each year 
on the fourth Monday in February, and show cause why his 
name should not be stricken from the list. Said notice shall 
be served by the Sheriff of the county at least five days be¬ 
fore the said fourth Monday in October, 1915, and the said 
fourth Monday of February of each year thereafter. The 
Sheriff of said county shall make return of said notice with¬ 
in ten days after the same has been placed in his hand for 
service. Said return shall state the time of service, if ser¬ 
vice was secured, and if not found, shall state “not found,’" 
and such reason as the officer attempting to serve such pa¬ 
per has for such return. It shall then be the duty of said 
registrar to publish in some newspaper of general circula¬ 
tion, published in said county, a list of the names proposed 
to be stricken, the notices to whom were returned not found 
by the Sheriff, and notifying such persons to appear on the 
Monday following said fourth Monday, showing cause why 
their names should not be stricken from the lists, and that 
upon their failure so to appear, their names would be 
stricken from the list. 

Sec. 11. On the fourth Monday of October, 1915, and ib. 
on the fourth Monday of February of each year there¬ 
after, the board shall proceed to consider the case of each 
elector whose name it is proposed to strike from the regis¬ 
tration list, and determine the same, provided that on the 
demand of any persons whose name is proposed to be 
stricken from the list a trial by jury may be had, and the 
board shall forthwith certify the proceedings to the Circuit 


28 


Making Lists 


Probate Judge’s 
Lists. 


Clerk, or clerk of a court of like jurisdiction, who shall dock¬ 
et the case in the Circuit Court of the county or other court 
of like jurisdiction. The solicitor shall represent the State 
in the trial of said cause. Said board shall strike from the 
registration lists on said hearing the names of those who 
have been returned not found by the Sheriff and who do not 
appear, and those whose names have been published in ac¬ 
cordance with Section 10 above, and who failed in accord¬ 
ance with such notice by publication to appear, shall be 
stricken from said list on the Monday following said fourth 
Monday. 

Sec. 12. The registrar shall enter upon a book to be 
furnished by the Secretary of State, at the expense of the 
State, for that purpose the names, in alphabetical order by 
precincts, and where any precincts have been divided or 
subdivided into districts, by districts, of all electors stricken 
from the registration lists, and within two weeks after each 
meeting for purging on the hearing provided for above the 
registration lists shall file the same in the office of the Judge 
of Probate. On the filing of said book, the Judge of Probate 
shall strike all said names from the list in his office, and shall 
not again send them out to the inspectors. 

Sec. 13. The registrar at such meetings shall enter on 
a book, to be furnished by the Secretary of State at the ex¬ 
pense of the State for that purpose, the names, in alphabet¬ 
ical order, by election districts, of all electors, by districts 
where any election precincts have been divided or sub¬ 
divided into districts, and shall give as accurately as pos¬ 
sible the address of said electors, and within two weeks 
after such meetings shall file the same in the office of the 
Judge of Probate. On the filing of said book, the Judge of 
Probate shall make therefrom an alphabetical list of the 
names thereon, stating the residence of the person regis¬ 
tered by districts, which alphabetical list shall be substi¬ 
tuted for and take the place of the lists in the office of said 
Judge of Probate of the county covering the precincts which 
covered and included said districts. 

Sec 14. The judge of probate shall from the registra¬ 
tion list heretofore and hereafter returned to his office, in¬ 
cluding those registered prior to January 1, 1903, and 
excluding those names stricken therefrom, as shown by the 
lists returned to him under section 12 above, make correct 
alphabetical lists of all the electors registered by precincts 
and by districts of precincts where precincts have been 
divided or subdivided, which list shal be certified by him 
officially to be a full and correct copy of the list of registered 
electors for each precinct, and where a precinct has been 






29 


divided or subdivided, which list shall be certified by him 
respectively, as the same appears from fhe returns of the 
registrar on file in his office. Said judge of probate shall 
after the first day of February, 1916, and )f each year 
thereafter, compare such official list of registered electors 
with the poll tax lists which have been furnished him by the 
tax collctor, and shall ascertain from such comparison the 
names of such persons on the official lists of registered 
electors who have failed to pay any poll tax for which they 
are legally due, and by such comparison and other available 
information, said judge of probate shall make correct 
alphabetical lists of all of the qualified electors registered 
by precincts and of districts of precincts w’here precincts 
have been divided or subdivided, and who have paid all poll 
tax due. Said lists so made up shall be published by him 
in some newspaper with a general circulation in said county 
on or before the 15th day of April, 19ir>, and of each year 
thereafter, and together with said lists there shall also be 
published a certificate that said list constitutes the correct 
lists of all qualified electors who will be entitled to vote in 
any elections held in said county from the time of said 
publication until the first day of May of the next succeeding 
year, and also a notice that any voter duly registered whose 
name has been inadvertently or through mistake omitted 
therefrom and who has paid all poll taxes due and who is 
legally entitled to vote shall have ten days from said pub¬ 
lication to have his name entered upon said list of qualified 
voters. If within such ten days any voter shall reasonably 
satisfy said judge of probate by proper proof that his name 
should be added to such list, his name shall be added thereto. 
An alphabetical list by districts and precincts of those so 
added within said ten days shall be prepared and published 
by said judge of probate in some newspaper with a general 
circulation in said county on or before the first day of May, 
1916, and of each year hereafter. The alphabetical list of 
voters published by said judge of probate on or before the 
fifteenth day of April, together with the names added and 
published on or before the first day of May, shall be the 
official list of qualified voters in said county and for the 
districts and precincts therein for the next ensuing year, 
until a new list is published, and no person whose name does 
not thereon appear shall be allowed to vote nor shall he 
be allowed to vote except in the precinct, or if the precinct 
has been divided into districts in the district in which his 
name on said list appears unless such person complies with 
the qualifications prescribed by law for challenged voters. 
That for services rendered in comparing, making, certifying 


Poll Tax 
Payers. 


List of Voters. 


Publishing List. 


Adding to List. 


Publication. 


Official List of 
Voters. 

Governs. 

See Sec. 19 of 
Primary Law. 




30 


Pay 


Printed Lists 


Expensie 


Furnishing Lists 
to Election 
Officers 


Visiting 

Precincts 


Sitting at 
Court House 


to, and seeing to the publishing of said lists, the probate 
judge shall be paid out of the county treasury five cents for 
each name which appears on said list. Said probate judge 
shall, at the time of the publication of said lists, arrange 
for the printing of a sufficient number of copies of said 
official list by election districts and precincts so that he may 
deliver to the inspectors at each voting place of all elections 
to be held in said county, during the next succeeding year 
and until a new list is published two printed copies of said 
list, and so that he may have on hand in his office for those 
who may call for the same printed copies of such list. The 
number of copies so printed by the probate judge shall, 
in no instance, exceed two thousand copies, nor be less than 
five hundred copies. The publication and printing of said 
list shall be paid for by the county out of the county treas¬ 
ury. Each probate judge shall deliver or cause to be de¬ 
livered, to the inspectors at each voting place, immediately 
preceding each election, two copies of that portion of the 
printed lists of the voters in such election precinct, or where 
the precinct has been subdivided in such election district and 
where in said election there is participating more than one 
party, there shall be delivered one additional copy for each 
additional party participating. Sai.d judge of probate shall 
certify that each of said lists so furnished is a correct 
official list of voters as the same appears of record in his 
office. 

Sec. 15. The registrar in each county shall visit each 
election district in each precinct except the precinct in which 
is located the county site, at least once, and oftener if 
necessary, between November 15, 1915, and January 1, 
1916, and each two years thereafter, and shall remain there 
at least one day from eight A. M. until sunset, and shall 
sit at the Court House at the County site from January 1, 
1916, to January 5, 1916, and each and every year there¬ 
after, to make a complete registration of all persons entitled 
to register. He shall give at least twenty days notice 
of the time when and the place where and the district and 
precinct where they will attend to register applicants for 
registration by bills posted at three or more public places 
in each election district or precinct, and by advertisement 
once a week for three successive weeks in a newspaper, if 
there be one published in the county. Provided further that 
the time consumed by the work in completing such registra¬ 
tion shall not exceed more than 60 days except that in coun¬ 
ties having more than 50,000 population as shown by the 
last preceding census the time shall not exceed 30 days. 
Provided further, that should any county in the State of 





31 


Alabama, acting through its Board of Commissioners, or 
board of like authority, deem it necessary that the registrar 
sit for the purpose of registration at the court house at 
the county site for a longer period than from January 1 
to January 5th of each year, it may be an order duly entered 
upon the minutes of said court, require such registrar to sit 
at said county site for such longer period as such Board of 
Commissioners, or Board of like authority, may deem best; 
and provided, further, that such Board of County Commis¬ 
sioners or Board of like authority may authorize the regis¬ 
trar to sit at the county seat and register qualified voters 
at any time* except within‘the sixty days immediately preced¬ 
ing any primary, or general election. Said registrar shall 
give notice of the days he will sit under said order by post¬ 
ing the same at the court house in said county and by ad¬ 
vertising once a week for three successive weeks in a news¬ 
paper, if there be one published in the county. Provided, 
further that in counties having a branch court house or 
county seat the Court of County Commissioners or body of 
like jurisdiction may by an bjrder duly entered on its 
minutes require the registrar to spend at such branch 
court house or county seat each year during the month of 
January not exceeding five days for the purpose of register¬ 
ing the qualified voters in such jurisdiction of which notice 
shall be given as herein required. 

Sec. 16. No person shall be registered except at the ^gistered 
county site or in the precinct or district where he resides. 

Sec. 17. The registrars shall issue to each person reg- certificate, 
istered a certificate of registration. 

Sec. 18. The time and place of meeting of board where sitting at 
there are two court houses.—Where there are two court House. 

houses in a county, the registrars may divide the time 
fixed for sitting at the county site between the two court 
houses as they deem best and they shall give twenty days' 
notice by bills posted at each of the court houses, designating 
the time and place at which they will sit. If there are more 
than two court houses, the registrars shall select the two 
court houses at which they shall sit and shall give notice 
as above provided. 

Sec. 19. Examination and Oath of Applicant to Reg- oatn ot 
ister.—The registrar shall have power to examine, under Applicant etc. 
oath or affirmation all applicants for registration, and to 
take testimony touching the qualifications of such applicants. • 

Each member of such board is authorized to administer 
the oath to be taken by the applicants and witnesses, which 
shall be in the following form and subscribed by the person 
making it, and preserved by the board namely: T do 


32 


Hearings 


Qualifications 
of Applicant 
to Register 


solemnly swear (or affirm) that in the matter of the ap¬ 
plication of_for registration as elector, 

I will speak the truth, the whole truth, and nothing but 
the truth, so help me God/^ 

Sec. 20. If any legal voter by affidavit duly sworn to 
before some officer authorized by the laws of this State to 
make affidavit, swears that in his opinion and belief any 
applicant for registration is not legally qualified to register, 
such applicant shall not be registered, but a day shall be 
set, not exceeding ten days from the time such application 
was made, to determine his qualifications. Notice of such 
day shall be given both to the applicant and to the voter 
filing such affidavit. Upon the day set, the registrars shall 
hear such evidence as is offered by either party in reference 
to the qualifications of such applicant, and shall determine 
whether or not the applicant is qualified to register. 

Sec. 21. Persons qualified to register.—The following 
persons, and no others, who, if their place of residence shall 
remain unchanged, will have, at the date of the next gen¬ 
eral election the qualifications as to residence prescribed by 
section 290 of the Code, shall be qualified to register as 
electors, provided they shall not be disqualified under section 
293 of the Code. 1st. Those who can read and write any 
article of the Constitution of the United States in the 
English language, and who are physically unable to work; 
and those who can read and write any article of the Con¬ 
stitution of the United States in the English language and 
who have worked or been regularly engaged in some lawful 
employment, business or occupation, trade or calling for the 
greater part of the twelve months next preceding the time 
they offer to register, and those who are unable to read and 
write, if such inability is due solely to physical disability; 
or 2nd. The owner in good faith in his own right, or the 
husband of a woman who is the owner in good faith in her 
own right of forty acres of land situated in this State, upon 
which they reside; or the owner in good faith in his own 
right, or the husband of any woman who is the owner in 
good faith in her own right of real estate situated in this 
State, assessed for taxation at the value of three hundred 
dollars or more, or the owner in good faith, in his own 
right, or the husband of any woman who is the owner in 
good' faith in her own right, of personal property in this 
State assessed for taxation for three hundred dollars or 
more; provided that the taxes due upon such real or per¬ 
sonal property for the year next preceding the year in 
which he offers to register shall have been paid, unless the 
assessment shall have been legally contested and is unde¬ 
termined. 







33 


Sec. 22. If it appears to the registrar that an applicant 
for registration has all the qualifications set forth in sec¬ 
tion 21 except said applicant is not twenty-one years of age, 
but will become twenty-one years of age before the registrar 
will convene again and before another election in said coun¬ 
ty, the said registrar shall require such applicant to make 

affidavit before them in substance as follows: ‘‘I,_ 

-, being duly sworn, do depose and say that my 

full name is-; that I will be¬ 
come twenty-one years of age on the_day 

of-; that I reside at_; 

that I am now employed by __; who is in 

business at_; that my nearest living 

relative is_, who resides at_ 

Said ^plicant shall also produce a legal voter who is known 
to at least one of the registrars, who shall make and sub¬ 
scribe before the registrar to the following affidavit: ‘‘I, 

_, being duly sworn, depose and say that I am 

a legal voter; that I know__who has made the 

foregoing affidavit as to his age; that I know the facts 
stated in said affidavit are true.” Upon both of said 
affidavits being made and subscribed to before the said reg¬ 
istrar, and subject to an affidavit of challenge being made 
thereto, as in other cases, the name of said applicant shall 
be placed upon the registration list. 

Sec. 23. Applicant may be refused.—Any person mak¬ 
ing application to the registrar for registration who fails 
to establish by evidence to the reasonable satisfaction of 
the registrar that he is qualified to register, may be refused 
registration. 

Sec. 24. Majority of the board a quorum. The action 
of a majority of the registrars shall be the action of the 
board, and a majority of the board shall constitute a quorum 
for the transaction of all business. 

Sec. 25. Right of appeal from registrars.—Any person 
to whom registration is denied shall have the right of ap¬ 
peal, without giving security for cost, within thirty days 
after such denial, by filing a petition in the circuit court or 
court of like jurisdiction held for the county in which he 
seeks to register, to have his qualifications as an elector 
determined. Upon the filing of the petition, the clerk of the 
court shall give notice thereof to any solicitor authorized 
to represent the State in said county, v^ho shall appear and 
defend against the petition on behalf of the State. Upon 
such trial the court shall charge the jury only as to what 
constitutes the qualifications that entitle the applicant to 
become an elector at the time he applied for registration. 


Minors. 


Denying 

Applicant. 


Quorum. 


Appeals. 


Trial. 















34 


Judgment 


Appeals 


Registering 

Anew 


Books and 
Papers 


Expenses. 


Registering 

Anew 


Affidavits 
to Register 


and the jury shall determine the weight and effect of the 
evidence and return a verdict. From the judgment rendered 
an appeal will lie to the supreme court in favor of the 
petitioner, to be taken within thirty days. Final judgment 
in favor of the petitioner shall entitle him to registration 
as of the date of his application to the registrars. 

Sec. 26. Not required to register.—No person regis¬ 
tered as an elector shall again be required to register unless 
his place of residence is changed. 

Sec. 27. Registration books, forms and blanks furnish¬ 
ed by the secretary of State.—The secretary of State shall, 
at the expense of the State, have prepared and furnished 
to the registrars and judges of probate of the several coun¬ 
ties a sufficient number of registration books and of blank 
forms of oath, certificates of registration, and of notices 
required to be given registrars. The cost of publication of 
the notices required to be given by the registrars shall be 
paid by the State, the bills therefor to be rendered to the 
secretary of State and approved by him. 

Sec. 28. Registered on change of county or residence. 
—Any elector who registered prior to January 1, 1903, who 
has changed his residence shall be registered on application 
on production of his certificate, unless he has since become 
disqualified. 

Sec. 29. Any applicant for registration must be re¬ 
quired to make an affidavit in writing before the registrars 
in the following form: ‘T do solemnly swear (or affirm) — 

1. I know of no reason why I am not entitled to vote; 

2. I am generally known by the name under which I now 

desire to vote, which is_; 3. My occupation 

is_; 4. My residence is_; (if in 

city or town, give street number) ; 5. During the last six 

months, I have resided_; 6. I am engaged in 

the following business or employment:_; 

7. The name of my present employer is_; and 

his business address is_; I was born at_ 

on the_day of_; 8. That_and 

_have personal knowledge of my residence in 

_precinct for three months past.^’ Any ap¬ 
plicant for registration who refuses to sign and subscribe 
to such affidavit shall not be entitled to register. Any ap¬ 
plicant who cannot write his name shall subscribe to said 
affidavit by mark duly witnessed. It shall be the duty of 
the Secretary of State, at the expense of the State, to fur¬ 
nish the registrar sufficient affidavit blanks in form as above 
described. 















35 


Sec. 30. The registrar shall arrange affidavits taken 
of applicants alphabetically and by precincts, and shall re¬ 
turn the same to the office of the Judge of Probate of the 
county. The same shall be kept as records in the office of 
the Judge of Probate of the county, and be open to public 
inspection. 

Sec. 31. The registrar shall, each year, within two 
weeks after January 15, make a copy of the list of names 
registered, stating the residence of the persons registered 
by precincts, and where precincts have been subdivided 
into districts by districts or precincts, which copy, along 
with the registration lists, must be returned to the office of 
the Probate Judge of the county. The Judge of Probate 
shall certify an alphabetical list to the Secretary of State. 
The Probate Judge shall keep both the original list filed 
by the registrars and the alphabetical list made therefrom 
as records in the office of the Probate Judge of the county, 
and same shall be open to public inspection. 

Sec. 31%. That in case of sickness or other disability 
of the registrar, the registrar, on the approval of the Pro¬ 
bate Judge, may appoint a deputy registrar to act in the 
place of the registrar pending his sickness or disability; 
provided, however, that in no case shall more than one sal¬ 
ary be paid. 

Sec. 32. All laws and parts of laws in conflict herewith 
are hereby expressly repealed. 

Sec. 33. This act shall take effect upon its approval. 

Sec. 34. Upon the approval of this act in all counties 
having more than one hundred thousand population as 
shown by the last preceding census, the Governor of the 
State of Alabama shall appoint an election commissioner in 
said counties. 

Sec. 35. Said election commissioner shall be furnished 
an office at the court house at the county site of said county 
by the Board of Revenue, or board of like jurisdiction, and 
shall devote his entire time to the performance of the du¬ 
ties of such office, and shall receive a salary to be fixed by 
the Board of Revenue, or board of like authority in said 
county, said salary not to exceed the sum of $1,800 per an¬ 
num. For each actual working day spent by said registrar 
for the purpose of registering voters, the State shall pay 
$3.00; the balance of his salary, after deducting the amount 
so paid by the State, shall be paid out of the funds of the 
County Treasurer in the same manner as other county offi¬ 
cers are paid. 

Sec. 36. Said election commissioner shall hold office 
for four years from the time of his appointment, and until 


Ib. 

Records. 


Copy of List 
by Regristrar. 


Records. 


Deputies. 


Election 
Commissioner 
For Large 
Counties. 


Office. 


Duties. 


Salary. 


Term. 


36 


Oath 


Judicial Officer 


Duties 


Visiting 

Precincts 


Sitting at 
Court House 


Election 
Commissioner 
For Active 
Counties 


his successor has been duly appointed and qualified. Before 
entering upon the performance of the duties of his office, 
said election commissioner shall take the same oath as is 
required of judicial officers of the State, v^hich oath may be 
administered by any person authorized to administer oaths. 
The oath shall be in writing and subscribed by the election 
commissioner and filed in the office of the Judge of Probate 
of the county. Said election commissioners are judicial 
officers, and shall act judicially in all matters pertaining 
to the registration of applicants. 

Sec. 37. Said election commissioner shall perform all 
of the duties now required by law to be performed, or here¬ 
after required by law to be performed, by the registrar, 
and all of the duties now or which may hereafter be required 
by law to be performed by the Probate Judge of said county 
in reference to the registration of voters, and all other du¬ 
ties now or hereafter conferred by law upon the Probate 
Judges of said counties in reference to elections, excepting 
the naming of election officers. Said election commissioner 
shall visit each election district in each precinct, except the 
precinct in which is located the county site, in the same 
manner as is now required of registrars, and shall also sit 
at his office at the court house for such time between the 
first day of February and the first day of October of each 
year as may be necessary to make a complete registration of 
all persons entitled to register. 

Sec. 38. Should any other county in the State of Ala¬ 
bama having more than 80,000 population, as shown by 
the last preceding census, acting through its Board of Com¬ 
missioners, or board of like authority, desire to substitute 
an election commissioner having the same powers and gov¬ 
erned in the same way as set forth above, it may at a regu¬ 
lar meeting of such Board of Commissioners, or board of 
like authority, enter upon the minutes of said court a reso¬ 
lution setting forth their desire to substitute an election 
commissioner for the registrar or Board of Registration, 
and naming in said resolution the amount of salary that 
said commissioner is to receive, not in excess, however, of 
$1,800.00 per annum; and upon a certified copy of such res¬ 
olution being sent to the Governor of Alabama under the 
seal of said board, the office of registrar or Board of Reg¬ 
istration shall at once become vacant, and the Governor 
shall appoint for such county an election commissioner hav¬ 
ing the authority and duties, and in the manner herein set 
forth above provided for, for counties having a population 
of more than one hundred thousand. 



37 


Sec. 39. All laws and parts of laws in conflict here¬ 
with are hereby expressly repealed. 

Sec. 40. This act shall take effect upon its approval. 
Approved September 25, 1919. 


AN ACT 


Relating to elections and to limit, regulate, control and restrict cam¬ 
paign and other expenditures in connection with elections, and 
to require certain statements to be made of campaign expendi¬ 
tures; to require certain duties of certain committees and per¬ 
sons in connection with such campaign expenditures; to define, 
prevent and punish certain offenses and corrupt practices in 
connection with elections. 


Be it enacted by the Legislature of Alabama: 


Section 1. Any one or more persons who shall be 
elected, appointed, chosen or associated for the purpose of 
wholly or in part of directing the raising, collection or dis¬ 
bursement, and every two or more persons who shall co¬ 
operate in the raising, collecting or distribution, or in con¬ 
trolling or directing the raising, collecting or disbursement 
of money used or to be used to further or defeat the nomi¬ 
nation or election of any person or any class or number of 
persons to public office by popular vote, or in support of or 
in opposition to any measure or proposition submitted to 
popular vote, shall be deemed a political committee within 
the meaning of this act. 

Sec. 2. That the word candidate in this act means any 
person who has announced to the public that he is a candi¬ 
date for election or nomination to any public or party office. 

Sec. 3. The word election in this act means any elec¬ 
tion in which there is submitted to the popular vote the 
names of any persons for nomination or election to any 
office, or in which there is submitted to the popular or party 
vote any measure or proposition. 

Sec. 4. Any person is guilty of a corrupt practice if he 
directly or indirectly, by himself or through any other per¬ 
son, or through any political committees, in connection with 
or in respect of any election, pays, lends or contributes, or 
offers or promises to pay, lend or contribute, any money or 
other valuable consideration for any other purpose than 
the following matters and services at their reasonable bona 
fide and customary value: For his traveling expenses while 
campaigning; fee for qualifying; stenographic work; clerks 
at his campaign headquarters to address, prepare and mail 


Committee of 

Candidates 

Defined. 


Candidate 

Defined. 


Election Defined. 


Corrupt Practices. 


Items of 
Expense 
Lawful. 


38 


campaign literature; telegrams; telephone; postage; freight; 
express; stationery; a list of voters; office rent; newspaper 
advertising; preparation, printing and publication of post¬ 
ers, lithographs, banners, notices and literary material, 
reading matter, cards and pamphlets; the compensation of 
agents to supervise and to prepare and distribute such arti¬ 
cles and advertisements; the rent of halls in which to ad¬ 
dress the voters; the hire of bands or musicians and the 
reasonable traveling expenses of his agents, clerks and 
Corrupt Practices, speakers. Any payment, contribution or expenditure, or 
agreement or offer to pay, contribute or expend any money 
or thing of value for any purpose whatsoever except as 
herein provided is hereby declared to be a corrupt practice. 

Amount of Sec. 5. The total amount expended by any candidate 

^lS^uI for public or party office voted for at an election by the 
qualified electors of the State, or any political subdivision 
thereof, for any of the purposes specified in Section 4 of 
this act, for contributions to political committees, as that 
term is defined in Section 1 of this act, and for any purpose 
tending in any way directly or indirectly to promote or aid 
in securing his nomination and election, shall not exceed the 
amount specified herein. By a candidate for United States 
Senator, the sum of ten thousand dollars; by a candidate for 
Governor, the sum of ten thousand dollars; by a candidate 
for any other State elective office, the sum of two thousand 
five hundred dollars; by a candidate for the office of Repre¬ 
sentative in Congress, the sum of two thousand five hun¬ 
dred dollars; by a candidate for the office of State Senator, 
the sum of three hundred dollars; by a candidate for the 
office of State representative, the sum of two hundred and 
fifty dollars; by a candidate for any other public office to be 
voted for by the qualified electors of a county, city, town or 
village, or any part thereof, if the total number of votes 
cast therein for all candidates for the office of Governor at 
the last preceding State election, or at the last preceding 
State primary, if more votes were cast in such primary 
than in such election shall be five thousand or less, the sum 
of one thousand dollars; if the total number of votes cast 
therein at such last preceding State election or at such last 
preceding State primary if it be higher than the last preced¬ 
ing State election, be in excess of five thousand, the sum of 
ten dollars for each one hundred in excess of such number 
may be added to the amounts above specified. By a candi¬ 
date for presidential elector, the sum of one hundred dollars; 
by a candidate for delegate to any national convention of 
any party, the sum of two hundred and fifty dollars; by a 
candidate for delegate to a State or district or county conven- 


39 


tion of any party, the sum of fifty dollars; by a candidate for 
State chairman or national committeeman of any political 
party, the sum of one thousand dollars; by a candidate for 
any other party office, the sum of two hundred and fifty dol¬ 
lars. The amount assessed against any candidate as a fee 
for qualifying shall not be included in the total of the above 
expenditures. Any candidate for a public or party office 
who shall expend for the purposes above mentioned an 
aniount in excess of the amounts herein specified shall be 
guilty of a corrupt practice. The expenditure by any can¬ 
didate for a public office of an amount in excess of the 
amounts herein specified shall disqualify said person for 
said office. 

Sec. 6. Hereafter any candidate shall within five days 
after the announcement of his candidacy for any office, if 
the office be a State office, file with the Secretary of State, 
and if the office be a county office, file with the Judge of 
Probate of said county, and if it be a district or circuit of¬ 
fice, file with the Judge of Probate of each county which is 
embraced in said district or circuit, the name of not less 
than one or more than five persons selected to receive, ex¬ 
pend, audit and disburse all moneys contributed, donated, 
subscribed, or in any way furnished or raised for the pur¬ 
pose of aiding or promoting the nomination or election of 
such candidate, together with a written acceptance or con¬ 
sent of such person to act as such committee; provided, that 
any candidate may, if he sees fit to do so, declare himself as 
the person chosen for such purpose. Such committees shall 
appoint one of their number to act as treasurer, who shall 
receive and disburse all moneys received by said committee; 
he shall keep detailed accounts of receipts, payments and 
liabilities. The said committee, or its treasurer, shall have 
the exclusive custody of all moneys contributed, donated, 
subscribed, or in any wise furnished for or on behalf of the 
candidate represented by said committee, and shall disburse 
the same on proper vouchers. If any vacancies be created 
by death or resignation or any other cause on said commit¬ 
tees, said candidate may fill such vacancies, or the remaining 
meml^rs shall discharge and complete the duties required 
of said committee as if such a vacancy had not been created. 
No candidate for nomination or election shall expend any 
money directly or indirectly in aid of his nomination or 
election except by contributing to the committee designated 
by him as aforesaid. Any person who shall act as his own 
committee shall be governed by the provisions of this act 
relating to committees designated by candidates. Failure 
to make the declaration of appointment or selection by any 


Corrupt Practices. 


Penalties. 

Candidate’s 

Committee. 


Treasurer. 


Vacancies. 


Corrupt Practices. 


40 


Penalties 
Corrupt Practices. 


Ib. 


Statement 
of Expenses 


candidate as herein required is hereby declared to be a cor¬ 
rupt practice, and in addition the name of such candidate 
so failing shall not be allowed to go upon the ballot at such 
election. The failure to perform any of the other acts here¬ 
in required to be performed, or the performing of acts here¬ 
in forbidden, is hereby declared to be a corrupt practice. 

Sec. 7. All contributions, donations and subscriptions 
made for or on behalf of any candidate shall be made to the 
committee named by such candidate. The making of any 
such expenditures in aid of any candidate by any other per¬ 
son or committees or corporations other than by and through 
the committee named and designated under Section 6 above 
is hereby declared to be a corrupt practice. 

Sec. 8. That each and every committee appointed un¬ 
der Section 6 herein, and each and every political committee 
as defined in Section 1 hereof, be and they are hereby re¬ 
quired to file in the office of the Judge of Probate of the. 
county in which the candidate by which said committee was 
appointed resides, if such candidate is a candidate for State 
Senator, Representative in the Legislature, or for any 
county office or position, or in the office of the Secretary of 
State, if he is a candidate for a national or State office or 
position, or for representative in Congress or judge or so¬ 
licitor of any judicial circuit, or chancellor of any chancery 
district, and if the political committee be one in support or 
opposition to any measure or proposition submitted to the 
popular party vote, if such measure or proposition is sub¬ 
mitted to the voters of the State, then in the office of the 
Secretary of State, and if it be submitted to the voters of 
any particular county or district or circuit, then in the 
'offices of the Judges of Probate of such counties, detailed, 
itemized statements of all expenditures made, as follows, 
to-wit: Not more than ten days nor less than five days prior 
to the election, and within ten days after the day of the 
election, shall file statements giving in itemized, detailed 
form, including names, items and detailed amounts, covering 
all of the expenditures made, directly or indirectly, and all 
obligations, debts or liabilities assumed or incurred at the 
time of filing of said statements. Such statements shall in¬ 
clude the names of all contHhutors of amounts in excess of 
ten dollars, with amount given by each, and a list of all 
gifts, loans or contributions made. Such statements shall 
itemize all moneys expended in sums over five dollars, and 
shall give the names of the various persons to whom such 
moneys were paid, the specific nature of each item, by whom 
the service was performed, and the purpose for which it 
was expended. There shall be attached to such statement 


Affidavits 







41 


an affidavit subscribed and sworn to by the treasurer of said 
committee setting forth in substance that the statement 
thus made is in all resp.ects true, and that the same is a full 
and detailed statement of all moneys, securities or equiva¬ 
lents for money coming under the control or custody of the 
committee and by them expended, directly or indirectly. If 
such statement is filed by a committee on behalf of any can¬ 
didate, there shall also be attached to such statement an 
affidavit subscribed and sworn to by said candidate, setting 
forth in substance that said statement is to the best of his 
knowledge and belief in all respects true, and that he has 
not in person made any expenditures or received any con¬ 
tributions which are not set forth and covered by said state¬ 
ment. The failure of any committee designated by any 
candidate to file the statements herein required in the form 
and at the time specified is hereby declared to be a corrupt 
practice. If the statement required to be made prior to such 
election is not made by any candidate and committee for 
him, the name of such candidate shall not be placed upon 
the ballot to be used in such election. If the statement re¬ 
quired to be made after such election is not made by any 
candidate and committee for him, a certificate of election 
or nomination shall not issue to such candidate, though he 
be successful in such election. The failure of any other 
political committee to file the statements herein required in 
the form and at the time specified is hereby declared to be a 
corrupt practice. The statements herein required to be 
filed shall become public documents and be open to inspec¬ 
tion by any citizen. 

Sec. 9. Every bill, placard, poster, pamphlet, adver¬ 
tisement, newspaper advertisement, cartoon or other printed 
matter, having reference to an election or to any candidate, 
shall bear upon the face thereof the name and address of 
the person or committee causing the same to be published. 
The failure to place thereon the name and address of such 
person or committee, or the printing or publishing or circu¬ 
lating of any such printed matters without the same bearing 
upon the face thereof the name and address of such person 
or committee is hereby declared to be a corrupt practice. 

Sec. 10. All political advertisements appearing in a 
newspaper shall be marked paid advertisement. Any per¬ 
son who publishes or circulates any campaign literature or 
political advertisement without the same bearing upon its 
face the name and address of the person or committee caus¬ 
ing the same to be published, or any person or the owner of 
any newspaper who publishes a political advertisement in 
a newspaper without the same being marked paid ad- 


Corrupt Practices. 


Penalties. 


Corrupt Practices. 


Public Inspection. 


Advertising 
Matter and 
Literature. 


Corrupt Practices. 


Advertising 
Matter and 
Literature. 


Corrupt Practices. 




42 


Advertising 
Matter^ etc. 


Corrupt Practices. 


Corrupt Practices. 


vertisement, is hereby declared to be guilty of a corrupt 
practice. 

Sec. 11. Every cartoon having reference to an election 
or to any candidate or to any proposition to be submitted 
to a popular or party vote or to a vote of the Legislature of 
Alabama, shall, if published in any newspaper and not 
caused to be published therein by some person or committee, 
bear upon the face thereof the name of the owner or pub¬ 
lisher of such newspaper, and if such newspaper is owned 
or published by a corporation, the name of the principal 
executive officer of such corporation. 

Sec. 12. It is hereby declared to be a corrupt practice 
for any person on any election day, (l)to intimidate or at¬ 
tempt to intimidate an elector or any of the election offi¬ 
cers ;j)r, (2) obstruct or hinder, or attempt to obstruct or 
hinder, or prevent, or attempt to prevent, the forming of 
the lines of the voters awaiting their opportunity or time 
to enter the election booths; or (3) to hire or to let for hire 
any automobile or other conveyance for the purpose of con¬ 
veying electors to and from the polls; or (4) to do any elec¬ 
tioneering or to solicit any votes or to promise to cast any 
votes for or against the election or nomination of any can¬ 
didate, or in support of or in opposition to any proposition 
that is being voted on on the day on which the election af¬ 
fecting such candidacies or propositions is being held. 

Sec. 13. It is hereby declared to be a corrupt practice 
for any person, directly or indirectly, by himself or through 
any other persons, to either, (1) aid or procure to be done 
any act forbidden to be done by the laws of this State relat¬ 
ing to elections; or, (2) for any election inspector or other 
election officer to fail to perform any of the duties imposed 
upon him by law as such officer; or, (3) the commission of 
any crime or offense against the elective franchise, or the 
encouragement or assistance of a person in the commission 
of a crime or offense against the elective franchise, or aiding 
or assisting any person charged with the commission of a 
crime or offense against the elective franchise to evade ar¬ 
rest or to escape conviction and punishment for such crime 
or offense, or the providing wholly or in part for the expense 
of boarding, lodging or maintaining a person at any place or 
domicile in any election precinct for the purpose of securing 
the vote for himself or any other person or proposition, or 
of registering any person as voter at an election held within 
this State, or the hiring or employment of a person to take 
or maintain a place in or to otherwise obstruct or hinder or 
to prevent the forming of the line of voters awaiting their 
opportunity or time to enter the polling place of any elec- 



43 


tion, or (4) demand, solicit, ask or invite any payment or 
contribution for any religious, charitable or other cause or 
organization supposed to be primarily for the public good 
from any candidate for nomination or election, or, (5) de¬ 
mand, solicit, ask or invite any candidate for nomination or 
election for public office or party position or any political 
committee to subscribe for the support of any club or or¬ 
ganization, or to buy tickets to any entertainment or ball 
or to pay for space in any book, program, periodical or pub¬ 
lication. This shall not apply to the solicitation of any bus¬ 
iness advertising in periodicals in Avhich the candidate was 
a regular advertiser prior to his candidacy, nor to ordinary 
business advertising, nor to the regular demands of any or¬ 
ganization, religious, charitable or otherwise, of which he 
was a member or to which he was a contributor for more 
than six months before his candidacy, or to any ordinary 
contributions at church services; or, (6) for any corpora¬ 
tion or person, trustee or trustees, owning or holding a ma¬ 
jority of stock of a corporation carrying on the business of 
a bank, savings bank, trust, trustee, savings indemnity, 
safety deposit, insurance, railroad, street railway, telephone, 
telegraph, gas, electric light, heat or power company, or 
any company having the right to condemn land, or to exer¬ 
cise franchises in public ways granted by the State, county, 
city or town, to pay or contribute any money or value in or¬ 
der to aid or promote the nomination or election of any per¬ 
son, or in order to aid or promote the interest or success, or 
defeat, of any political party or political proposition; or, 
(7) for any business corporation incorporated under the 
laws or doing business in this commonwealth, or any officer 
or agent acting in behalf of such corporation, to directly or 
indirectly give, pay, expend or contribute any money or 
other valuable thing in order to aid, promote or prevent the 
nomination or election of any person, or defeat any ques¬ 
tion or proposition submitted to the vote of the people, or 
in order to aid, promote or antagonize the interests of any 
political party, or for any person or persons or political 
committee to solicit or receive from such corporations any 
such gift, payment, expenditure or contribution, or any 
promise to give, pay, expend or contribute. 

Sec. 14. The doing by any person or persons of any 
act or acts herein defined to be a corrupt practice (unless 
the punishment for such act or acts has otherwise been 
provided for under the laws of this State) shall be and is 
hereby declared to be a commission by such person or per¬ 
sons of a misdemeanor, and any person who commits such 
misdemeanor must on conviction be fined not more than five 


Misdemeanor. 


44 


Penalties 


Constitutionality 


Absentees 

Voting 


Ballot Obtained 
and Used How 


Oaths 


Chairman and 
His Duties 


hundred dollars, and may also be imprisoned in the county 
jail or sentenced to hard labor for the county for not more 
than six months at the discretion of the court. 

Sec. 15. Each section of this act and every part of 
each section are hereby declared to be independent sections 
and parts of any section, and the holding of any section or 
part thereof to be void, ineffective or unconstitutional for 
any cause, shall not afffect the other sections or parts 
thereof. 

Sec. 16. All laws or parts of laws inconsistent here¬ 
with are hereby repealed. 

Sec. 17. This act shall take effect upon its approval. 


AN ACT 

To provide for absent qualified electors of the State of Alabama to 
vote in any primary election in this State while absent from the 
State or county in which he is a qualified elector; to provide the 
method of carrying out such provision; and to require election 
officers and others charged with duties hereunder to perform 
duties in connection therewith. 

Section 1. Be it enacted by the Legislature of Alabama, 
That any qualified elector of this State whose name at the 
time of such primary election appears on the official list of 
qualified voters in sai.d county, and who may at any primary 
election hereafter held pursuant to law in this State by rea¬ 
son of his'regular business and in the performance of his 
regular duties be absent from the county in which he is a 
qualified elector, may vote in such primary election in the 
manner and under the regulations hereinafter prescribed 
with like effect as if he were casting his vote in person at 
his regular and proper polling place. 

Sec. 2. That the absent voter so entitled to vote, pro¬ 
vided at the time he requests such ballot his name is on the 
official list of qualified voters in such county, may procure 
from the Judge of Probate of the county of his residence an 
official ballot of the party with which such voter is affiliated 
or with which he desires to affiliate in such election, and 
such voter shall make and subscribe the oath or affidavit 
hereinafter set out, and attach the same to his ballot, and 
forward the said ballot and affidavit in a sealed envelope by 
mail, postage prepaid, or otherwise to the chairman of the 
County Executive Committee of the political party with 
which such voter is affiliated, or other authority as pro¬ 
vided in Sections 3 and 4 hereof; whereupon, it shall be the 
duty of the said chairman of the County Executive Com- 







45 


mittee, or other authority as provided, to endorse on said 
envelope over his signature the date and hour of the receipt 
thereof by him, and to safely keep the said ballot without 
breaking the seal thereof, and deliver the same on election 
day to the officers of election at the voting place of said ab¬ 
sent voter, when and where said election officers shall open 
said envelope, and in the event the name of such absentee 
voter appears on the official list of qualified voters for said 
county and for said precinct or district, shall check his 
name off of such official voting list and cause the said ballot 
to be duly and properly recorded, subject, however, to chal¬ 
lenge, as in other cases provided for; and provided, how¬ 
ever, that the same shall be handled in all respects as if the 
said absentee voter were present and voting in person. 

Sec. 3. Not less than thirty-one days from the time of 
the holding of any primary election authorized by law, the 
officer charged with the printing and distribution of the of¬ 
ficial ballots shall cause to be delivered to the Probate Judge 
of each county in which said primary is held a sufficient 
number of ballots and other printed matter required here¬ 
under. 

Sec. 4. That it shall be the duty of the Judge of Pro¬ 
bate of any county in this State upon application of any 
qualified voter of his county, not more than thirty nor less 
than five days before any primary election is to be held in 
this State, to deliver or forward immediately upon request 
to such applicant an official ballot and printed form of oath 
as provided for in Section 3 hereof for use in such election, 
with an envelope addressed to the chairman, or in case of 
vacancy in the chairmanship or disability of the chairman 
of the County Executive Committee of the party holding 
said election, to the secretary thereof; and in the event of 
a vacancy in the chairmanship and secretaryship or dis¬ 
ability of the said chairman and secretary, then the envel¬ 
ope shall be directed to the Probate Judge of the county in 
which said absent or contemplated absent voter is a quali¬ 
fied elector. 

Sec. 5. That the envelope in which such absent voter 
transmits his ballot shall be addressed to the chairman of 
the County Executive Committee of the political party with 
which said absent voter is affiliated, or other authority as 
provided for under Section 3 above, and shall be endorsed 
on the left-hand upper corner thereof substantially as fol¬ 
lows: ‘‘Absent Voters Ballot. Primary Election to be 

held on the__day of-» 19- From 

(name of voter). Elector of Precinct or District-, 

County of_> State of Alabama.^’ 


Election Officers 
and Their Duties. 


Ballots and 
Supplies. 


Probate Jupdge 
and His Duties. 


Envelope and 
Endorsement. 







46 


Oaths 


Jurat 


List of 
Absentees 


Sec. 6. The form of oath or affidavit which shall be 
attached to and accompany such ballot by such absent voter 
shall be sworn to before an officer authorized to take ac¬ 
knowledgments to deeds and shall be substantially as fol¬ 
lows: “State of_, County of-, 

before me, _, a - for 

said county and State, this day personally appeared 
_, who is (made) known to me, and who, be¬ 
ing duly sworn, deposes and says: That his name is 
_; that he is a hona fide resident and quali¬ 
fied elector of Precinct or District-, County of 

_.*_, State of Alabama; that he has not voted in 

the primary election to be held on the-day of 


_, 19_, and is entitled to vote therein as a 

member of the_party. That he will be ab¬ 


sent from the county of his residence on the day of the pri¬ 
mary by reason of his regular business and in the perform¬ 
ance of his regular duties. That he subscribes to all the 
conditions and qualifications laid down by his party com¬ 
mittee as a requisite for participation in said primary, and 
that he is familiar with such conditions and qualifications.” 
(Signature of affiant.) Sworn to and subscribed before me 

this the_day of_, 19_ The officer 

before whom such affidavit is made shall make the follow¬ 
ing jurat: “The above named_appeared be¬ 
fore me on the_day of_, 19_, and, 

being first duly sworn, did subscribe to the above affidavit: 

_“I further certify that said applicant is 

known to me personally as being the identical party he 
claims to be.” 

Sec. 7. That the Probate Judge of each county in 
which application is made for a ballot, as provided for here¬ 
in, shall make, as applications are filed for ballots under this 
act and keep for sixty days after the date of election, a full 
list showing names, residence and polling places of such as 
apply for said ballots, which list shall be open to inspection 
to the public at all times. The chairman or other authority, 
as provided for by Sections 3 and 4 hereof, who may have 
upon him the duty of receiving and delivering said ballots 
to the respective polling places, shall make, as the envel¬ 
opes containing ballots are received, a list showing the 
dates when received and the names of the absent voters, 
with their respective precincts in which they are respective¬ 
ly qualified to vote. That the said list shall be open to in¬ 
spection by the public at all times. The chairman or other 
authority, as provided by Sections 3 and 4 hereof, who may 
have upon him the duty of delivering said ballots to the re- 






















47 


spective polling places, shall make, as the envelopes contain¬ 
ing ballots are received, a list showing the dates when re¬ 
ceived and the names of absent voters, with their respective 
precincts in which they are respectively qualified to vote. 
That said list shall be open to inspection at all times, and 
on the day of election shall be delivered by the authority 
making same to the Probate Judge of the county in which 
said authority's duties hereunder are performed. That the 
two lists in this section provided for shall be preserved by 
the respective Probate Judges for sixty days after the elec¬ 
tion just prior to which same are made. 

Sec. 8. That any absent voter who shall wilfully make 
or subscribe such oath falsely shall be guilty of perjury. 

Sec. 9. Any person who shall wilfully fail or refuse to 
perform or discharge any duty required of him under this 
act shall be guilty of a misdemeanor, and on conviction shall 
be fined not more than one hundred dollars. 

Sec. 10. That the expense of carrying out the provis¬ 
ions of this act shall be paid in the same manner as pro¬ 
vided by law for the payment of the expenses of the pri¬ 
mary elections. 

Sec. 11. That it shall be unlawful for the Judge of 
Probate to send any ballot or make suggestions in reference 
thereto except upon the application of the absent voter. 

Sec. 12. All laws and parts of laws in conflict here¬ 
with are repealed. 

Sec. 13. This act shall take effect upon its approval. 

Approved February 14, 1919. 


Perjury. 


Misdemeanor. 

Penalty. 

Expenses. 


Probate Judge. 







r 



State Democratic Executive Committee 


1918-1922 


W. D. NESBITT, Chairman, Birmingham. 
IRA CHAMPION, Secretary, Montgomery, 
PAT McGAULEY, Reporter, Montgomery. 


STATE AT LARGE 

W. T. McGowin.Toinette .Washington County 

C. B. Brown.Montgomery .Montgomery County 

G. H. Malone.Dothan .Houston County 

S. P. McDonald.Sylacauga .Talladega County 

A. T. Smith.Ashland .Clay County 

E. L. Clarkson..Tuscaloosa .Tuscaloosa County 

R. L. Barnes.Albertville .Marshall County 

Walter Miller.....Tuscumbia .Colbert County 

Jno. R. T. Rives.Birmingham .Jefferson County 

A. F. Fite.....Jasper .Walker County 

FIRST DISTRICT 

W. G. McCorvey.Monroeville .Monroe County 

J. W. Goldsby.Mobile .Mobile County 

J. H. Webb.Mobile .Mobile County 

J. C. Webb....Demopolis .Marengo County 

SECOND DISTRICT 


T. 

E. HendersMi. 


R. 

A. Smith. 


J. 

T. Adams. 


W. 

R. Sellers. 




THIRD DISTRICT 

M. 

Sollie. 


L. 

M. Moseley. 


B. 

L. Andrews. 


L. 

H. Boykin. 




FOURTH DISTRICT 

J. 

A. Brown. 

....Bell’s Mill . 

J. 

F. Averyt. 


E. 

W. Pettus.. 


J. 

H. Edmondson — 




FIFTH DISTRICT 

W. 

L. Lancaster. 


E. 

P. Gay. 

....Ashland ... 

C. 

W. Hare. 


Geo. C. Douville. 

,... Dadeville ... 


Dale County 


Clay County 
Macon County 


SIXTH DISTRICT 

Robinson Brown.Tuscaloosa ......Tuscaloosa County 

E. M. Elliott.Moundville .Hale County 

J. F. Bishop.Akron .Hale County 

J. T. Fuller.Centerville .Bibb County 

SEVENTH DISTRICT 

J. M. Kilpatrick.Cullman .Cullman County 

S. A. Jordan.Gadsden .Etowah County 

R. A. Mitchell.Gadsden .Etowah County 

L. L. Herzberg.Gadsden .Etowah ^unty 

EIGHTH DISTRICT 

J. F. Koonce.Florence .Lauderdale County 

A. G. Patterson..Albany . Morgan County 

J. P. MTilte.Moulton .Lawrence County 

Edward Johnston.Huntsville .Mailison County 

NINTH DISTRICT 

Borden Burr..Birmingham .Jefferson County 

George Bondurant.Birmingham .Jefferson County 

Forney Johnston.Birmingham .Jefferson County 

W. D. Nesbitt.Birmingham .Jefferson County 

TENTH DISTRICT 

R. L. Blanton.......Jasper ...Walker County 

J. C. Milner.Vernon .'..Lamar County 

John A. Cobb...,..Vernon .Lamar County 

A. C. Freeman.Hackelburg .Marion County 
















































































































